Moped rear ended me and police report says I’m at fault?

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Moped rear ended me and police report says I’m at fault?

I passed a moped in a two lane road who was driving 15 under the speed limit. I
passed this moped in a no passing zone and know that I’m in the wrong there.
Right after I passed him, I heard a loud clunking sound and hit my brakes. I
was worried there was something wrong with the car or a flat tire. I swerved
over as I hit my brakes but didn’t swerve out of the lane fast enough. The
moped hit my bumper and did some damage.
The moped driver was taken to the hospital and had minor scrapes. His moped is
in pretty bad shape.
We decided not to call our insurance company PLPD No fault because it was
such small damage to our bumper and we could fix it ourselves.

We have recently found out that the moped drivers father made a claim to the
insurance company. We went to the police station and the report says that I’m
at fault for this accident even though he hit me. It says that there are
witnesses saying that I abruptly stopped and caused the accident somehow.

Am I at fault? Should I get a lawyer? Is there any way for this to go away? I
have a clean record. I’m in Michigan. Thank you so much.

Asked on July 12, 2016 under Accident Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

It would be advisable to contact your auto insurance company which can provide you with an attorney at no cost to you.
Although you can try, it is unlikely that you will be able to have the police report corrected.  You should not be held at fault since the moped rearended you.
The reason for contacting your insurance company is that based on the police report finding you at fault, you will be liable for the property damage to the moped and the personal injury claim of the driver.  The personal injury claim will include medical bills, pain and suffering which is an amount in addition to the medical bills and wage loss.
The case could "go away" if it is settled with your insurance company.


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