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Rear end collision and damages?
I was involved in a rear-end collision ( I was the front driver). I made a sharp right turn on a steep inclined road. My car (which had been fully functional and problem-free) began to stall and slow down as I tried accelerating up the hill (I drive an automatic). The check engine sign suddenly came up.
No one was immediately behind me, but knowing that it was a busy intersection, and someone could immediately come behind me, I began taking it to the side of the road, out of the way of oncoming traffic.
Unfortunately, three seconds later someone did hit me in the rear (in a brand new BMW no less.) I am worried I am going to be held liable for his damage. I know that most rear-end collisions are 100% blame of the person in back, but I live in a no- fault state where i could be liable for some damage.
My worry is that my unforseen mechanical "defect" could have caused me to be liable. It is my assumption that he could have stopped, seeing my car struggling to go up (I would assume you would anticipate these thing in the real world). My BIGGEST problem is I apologized that my car had somehow broken down or stalled....which might have been interpreted as me taking responsibility.
We did not file a police report (Philadelphia police would have taken hours, and we both were in a high stress day)....it would have been smarter though! I did not have much damage on my car, and wasn't going to claim it....but he is intending to claim damage on his car.
What do you suggest I do?
You need to relax. You will have to talk to your insurance company first. An investigation will be done and the adjusters will have to determine if you are at fault and then what effect that will have in your specific situation. If you are at fault at all, the no fault state provision will likely protect you.
Talk to your insurance company. The other driver does have a duty to look out and keep a safe distance, so it may not be enough to put you at fault.
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