Legal Question in Personal Injury in Massachusetts

My Options in a Rear End Situation

Ok, here's the situation. I'm stopped at a red light, with 2 cars in front of me. The light changes, the car in front of me accelerates, and therefore I start accelerating. The car in front of me gets cut off, and in my attempts to stop, I slide into his car at, about, 5 mph. There's no damage to either car other than 2 inch long strips of black paint on the backend of the car in front of me. When the police office showed up, the situation was explained, and the other driver said he was ok. Then, the fire engine showed up and an ambulance shows up, and at this point, when the other driver is asked if he is ok, he explains that he is not. That, he has, a stiffness between his shouldblades. In a situation like this, should he decide to sue me, what could I be facing? What are my options at this point?


Asked on 10/19/99, 5:44 pm

1 Answer from Attorneys
Stuart Williams

Re: My Options in a Rear End Situation

Get right on top of this situation: I assume he told the policeman that he was okay, right? Call the police now and get a copy of the policeman's report; call the officer if he didn't already reported that the man said he was okay and ask him to put that into the report. His word is worth more than yours. The statements of the 'victim' are admissible (though seemingly hearsay) and could pretty much ruin his chance of recovering fraudulently later on.

I assume you have insurance; if so, support your insurance company's efforts to deny a claim made to them by either him or his insurance company if / when that comes. But get the facts on record first, above.

Also, did you file an accident report within 5 days of the accident? Anyway, if you did or didn't, go file one now and be sure to include the conversation and the man's response, that he was okay and that he said so in front of you to Officer ______. You need not add that he later changed his mind.

Ostensibly, you are always at fault for hitting someone in front of you, unless they had put their car into reverse and backed up into you.

This guy sounds like slime. Good luck. Let me know if I can help, e.g., call the police to request a report or something.

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Answered on 10/21/99, 3:35 pm


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