What if someone reverses into me and blames me for the accident?

What if someone reverses into me and blames me for the accident?

In California, rear-end collisions are generally presumed to be the fault of the driver who rear-ended the vehicle in front. This is based on the principle that all drivers must maintain a safe following distance to be able to stop safely to avoid collisions. So what happens if another driver reverses into you? Insurance companies and authorities might naturally assume you were at fault, but there are ways you can prove your innocence and defend yourself from insurance fraud that happens every day. Let us walk you through it.

Evaluating Your Innocence for Yourself

First, California Law is very clear, you must not drive too closely behind another vehicle. California Vehicle Code § 21703 states plainly: “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.” If another driver stops abruptly, you are responsible for giving yourself enough space to slow down and stop, avoiding a collision. However, if another driver backs into you, no one should pin the responsibility on you.

Proving Your Innocence to Others

When someone reverses into your vehicle, there are some immediate steps you should take.

Call the Police

After ensuring your safety, you should call the police. Report the accident and request an officer to come to the scene. A police report can provide statements from the scene which can be useful for determining fault.

Collect Evidence

At the scene, gather as much evidence as possible, including photos, and witness statements. Take photos of the damage to both vehicles, the accident scene, and any relevant road conditions or traffic signs. Note the time, date, and weather conditions. If there are traffic cameras or nearby businesses with security cameras, try to obtain footage of the accident. Video and camera footage are invaluable in any personal injury case.

Dash Cam

Immediately download and save your dash cam footage.

If you need to prove your innocence after someone reverses into you, dash cam footage can be one piece of evidence that saves you from injustice and insurance fraud. This is why we strongly suggest installing a dash cam in your car. DASH CAMS PERSERVE THE TRUTH.

Exchange Information

As with any accident, it is important to get the other driver’s name, contact information, insurance information, vehicle details and contact information for all witnesses and passengers.

Seek Medical Attention

Even if you feel fine immediately after the accident, it’s crucial to get checked by a medical professional as soon as possible. Some injuries, such as whiplash, concussions, or internal injuries, may not manifest symptoms right away. Delayed symptoms can include headaches, dizziness, pain, or discomfort that might appear hours or even days later. A thorough medical evaluation can identify any hidden injuries and provide documentation for your insurance claim or any potential legal action. Seeking prompt medical attention safeguards your health and helps establish a clear record of your condition following the accident.

We can’t stress this enough: don’t downplay your own pain and injuries. Although toughing it out can be a core value for some of us, when it comes to our health, we should always take the brave approach of looking honestly and vulnerably at our condition. You can’t get help to heal if you’re “fine”.

Consult an Attorney

If the other driver disputes fault or if there are significant damages or injuries, it is wise to consider consulting an injury attorney. An experienced attorney can provide valuable guidance on navigating the complex claim and legal process. They can help gather and present evidence, such as witness statements, medical records, and accident scene photos, to build a strong case on your behalf. Additionally, an attorney can negotiate with insurance companies to ensure you receive maximum compensation for your injuries and damages. They can also represent you in court, if necessary, advocating for your rights and aiming to achieve the best possible outcome for your case. Consulting an injury attorney can provide peace of mind and ensure that you have a knowledgeable advocate fighting for your interests throughout the legal process.

Have you been in an accident and it wasn’t your fault?

Better Call Sahar! 619-649-2440

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