Are you automatically at fault in a rear-end accident regardless of the circumstances?
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Are you automatically at fault in a rear-end accident regardless of the circumstances?
I was involved in an auto accident 10 months ago, and I am just now being contacted through a company saying they will revoke my license if I don’t pay for the damages. Although there were no damages to the car, I have a picture for proof. Also, what are my options and best way to resolve the situation? Should I seek a lawyer or am I better off paying?
Asked on January 5, 2012 under Accident Law, Mississippi
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In a rear end situation, the person rear ending the car ahead of him or her is not always at fault. The deterimination of fault is a legal determination made by the trier of fact (judge or jury) after review of all of the admissible evidence.
If you have auto insurance, the best way to try and resolve the situation you are writing about is for you to tender the claim to your auto carrier. The company who called you cannot revoke your license as a result of the claim. In fact for its representative to make such a representation to you, very well it has violated your state's unfair debt collection practices act as well as the federal statute on the subject. Perhaps you might wish to consult with an attorney who practices law in the area of insurance matters?
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