Wednesday, November 9, 2011

Can I win a rear end collision case or sue for damages? Part 2?

Before you answer READ THE COMPLETE SCENARIO. I know that 99.9% of the time it is the fault of the driver who rear ends but this was a very unique case. This guy was driving recklessly on the highway and when we exited off he stopped in the middle of the street at a green light. Everyone honked including me and he proceeded. I see this guy pulling his sweater over his head while the car is still in motion!! I signal to move away from him and I look at my side-view to change lanes and he slammed, and I mean slammed his brakes. The back of his car rose about an inch or 2 off the road as to how hard he hit the brakes. Then this guy speeds off! I should have let him go cuz I memorized his plates and could've call it a hit and run but my instincts made me chase him down 4 blocks. He had no idea I even hit him. Cops came and he admitted he was taking off his sweater! It's on the police report. Even as I'm on the phone with my insurance this guy is pulling off and he nearly slammed into a parked car! To make matters even more fun, the police report states he has no insurance since Dec which he did get a ticket for. My front right bumper is completely ruined and the back of his car has a scratch. So what am I looking at here? Just for the record I was not tailing him. I averaged about a car length of space between us. His car screeched which caused me to slam on my brakes and I even tried to swerve to the left. I can't believe that this guy won't be penalized for driving with a sweater over his head! He barely speaks English and it's clear that he doesn't know how to drive. What if this would've happened on the highway at 55 mph? He could've just as easily killed someone. No I did not receive any tix. I have a clean driving record. This is my first accident since I received my license in 1999. My other option is to sue for the damages? I don't think it was because of financial reasons that he doesn't have insurance. He was driving a Lexus. It's just the principle of this. He is a hazard on the road and it's really unfair that I should be found at fault for this.

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