What to fo ig I was involved in a car accident, wherein I stopped short behind the car in front of me and then the car behind me rearended me, pushing my car into the front car?

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What to fo ig I was involved in a car accident, wherein I stopped short behind the car in front of me and then the car behind me rearended me, pushing my car into the front car?

Mine was a rental, and I didn’t get the insurance and we didn’t file a police report or take photos, unfortunately. The woman behind me told her insurance co. I reversed into her, and now they are trying to collect $1800 from me for her car damage. The man in the front car told his insurance basically what I said. I’d like to dispute it in small claims court but am wondering if they could they penalize me retroactively for not having insurance? Also, do I have a decent shot of winning since the only evidence I have is my word and the front driver’s word against hers?

Asked on March 29, 2013 under Accident Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In a rearend collision, the car that hit you and pushed you into the car ahead of you is liable for the accident and is liable for the damage to your rental car and the car you were pushed into.

Although you could be penalized for not having insurance, since there wasn't a police report where you were cited for not having insurance, that is probably unlikely considering that the other driver was at fault in the accident.

As for the Small Claims Court case you mentioned, although it is not possible to predict the outcome of a particular case, you do have a good chance of prevailing because it was a rearend collision and because the driver of the car ahead of you corrobates your statement of the facts.


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