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  1. #1
    Uncle B's Avatar
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    Rear end collision and fraud

    I have been reading posts in this forum for the last couple of weeks and finally decided to join and ask a question of my own.

    In one of today’s posts about a traffic accident Valor55 wrote that “A car getting rear ended is cut and dry”. What about being setup for an accident for the purpose of insurance fraud for example. If someone intentionally slams their brakes in front of you and you rear end them is there anything that you can do to prove your case or are you always 100% at fault? Have any of you officers ever been at a scene of a rear end collision where some things just didn’t seem to add up? If so, what did you do?

    I understand that you must always maintain a safe following distance from the car ahead of you. However, as an example, my daily commute to work consists of driving down a packed 4 lane highway with everyone driving 65 – 70 mph. If I was in the middle lane with cars on both sides I would have a very slim chance to avoid a rear end collision if the car in front of me suddenly slammed on its brakes without any reason.

  2. #2
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    Quote Originally Posted by Uncle B View Post
    If I was in the middle lane with cars on both sides I would have a very slim chance to avoid a rear end collision if the car in front of me suddenly slammed on its brakes without any reason.
    If you were following at a safe distance, then you would have had plenty of time to safely stop.

  3. #3
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    So basically, that's all the person that got rear ended has to say and there is no way he can be found guilty of causing the accident?

  4. #4
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    Unless there was independent witnesses to the accident, than yes, you would be screwed.

    However, if a witness says that the driver in front slammed on the brakes for no reason (road rage, etc) then he could be cited for impeding traffic. BUT, you could still be cited for Failing to Stop in an Assured Clear Distance.

  5. #5
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    Quote Originally Posted by Uncle B View Post
    I have been reading posts in this forum for the last couple of weeks and finally decided to join and ask a question of my own.

    In one of today’s posts about a traffic accident Valor55 wrote that “A car getting rear ended is cut and dry”. What about being setup for an accident for the purpose of insurance fraud for example. If someone intentionally slams their brakes in front of you and you rear end them is there anything that you can do to prove your case or are you always 100% at fault? Have any of you officers ever been at a scene of a rear end collision where some things just didn’t seem to add up? If so, what did you do?

    I understand that you must always maintain a safe following distance from the car ahead of you. However, as an example, my daily commute to work consists of driving down a packed 4 lane highway with everyone driving 65 – 70 mph. If I was in the middle lane with cars on both sides I would have a very slim chance to avoid a rear end collision if the car in front of me suddenly slammed on its brakes without any reason.
    Unfortunately the law expects you to leave a safe enough distance to stop in an emergency. What if a child you don't see runs in front of that car in front of you? I understand the fraud scams but if you leave anough following distance to stop properly you are less likely a victim.

    If someone cuts you off and slams on the breaks you may have a case, especially if you have independent witnesses.
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  6. #6
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    Quote Originally Posted by Jay7376 View Post
    If you were following at a safe distance, then you would have had plenty of time to safely stop.
    It's a big problem over here at the moment. Scrotes are pulling in front of cars and slamming on brakes causing the accident, then pulling witnesses out of thin air when it comes to a claim. There was one occasion when a guy tried 3 times to get rear-ended by a bus. You would never have beleived the bus driver if it wasn't for his bus lane CCTV camera catching it on tape.:eek:

  7. #7
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    Quote Originally Posted by fatboyjim154 View Post
    It's a big problem over here at the moment. Scrotes are pulling in front of cars and slamming on brakes causing the accident, then pulling witnesses out of thin air when it comes to a claim.
    I should have read his post a little closer, I was not thinking about it from that perspective.

  8. #8
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    Quote Originally Posted by Jay7376 View Post
    I should have read his post a little closer, I was not thinking about it from that perspective.
    There was a documentary thingy on TV about 3 weeks ago. One of the victims was called by a spine injury specialist to let him know the extent of the fraudsters injuries 2 hours after the collision.:eek:

  9. #9
    citcop's Avatar
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    Quote Originally Posted by Jay7376 View Post
    I should have read his post a little closer, I was not thinking about it from that perspective.
    Yea, but from the perspective of the R/O on scene, it's still going to be pretty cut and dry. Unit 1 stopped, unit 2 couldnt, so unit 2 was following too closely. Many times with these fraud cases, the insurance companies track these guys and when a pattern is spotted, they investigate and go after them on the civil side.

    I do feel you Uncle B on the freeway driving though. Most times if you allow proper distance between you and the vehicle in front, some jackhole is going to come over and occupy that space because it may get him to his destination a couple of milliseconds quicker. :mad:
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  10. #10
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    Quote Originally Posted by citcop View Post
    I do feel you Uncle B on the freeway driving though. Most times if you allow proper distance between you and the vehicle in front, some jackhole is going to come over and occupy that space because it may get him to his destination a couple of milliseconds quicker. :mad:
    Yes it's almost impossible to follow at a safe distance on any semi busy highway. If you leave more than 2 car lengths space someone will occupy it and now through no fault of your own are following too close again. Then if you create distance again you go through the cycle all the way to your destination.

    I was driving in my PC last week and some kid kept switching lanes in front of me and slamming on the brakes. Every time I tried to switch lanes to go around he'd do the same thing. Why can't this ever happen while I'm on duty?

  11. #11
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    Quote Originally Posted by Uncle B View Post
    I have been reading posts in this forum for the last couple of weeks and finally decided to join and ask a question of my own.

    In one of today’s posts about a traffic accident Valor55 wrote that “A car getting rear ended is cut and dry”. What about being setup for an accident for the purpose of insurance fraud for example. If someone intentionally slams their brakes in front of you and you rear end them is there anything that you can do to prove your case or are you always 100% at fault? Have any of you officers ever been at a scene of a rear end collision where some things just didn’t seem to add up? If so, what did you do?

    I understand that you must always maintain a safe following distance from the car ahead of you. However, as an example, my daily commute to work consists of driving down a packed 4 lane highway with everyone driving 65 – 70 mph. If I was in the middle lane with cars on both sides I would have a very slim chance to avoid a rear end collision if the car in front of me suddenly slammed on its brakes without any reason.
    there is a term called "swoop and squat." it relates to someone quickly swapping lanes, then coming to an abrupt stop. you usually develop suspicions when something like this happens. the first thing the first driver will do is start claiming a lot of injuries. neck/back injuries can bring a ton of money. a lot of these types of accidents have a large number of people in the car in front as well.

    if something like this happens, you might get cited, you might not. if you're willing to go to court and testify that the person in front of you made an unsafe lane change, then impeded traffic, i encourage you to visit the court having jurisdiction and file a complaint against that person. it further solidifies your complaint with your insurance company because you are filing a complaint under the pretense that a lie could result in jail time.

    in this instance, if you're sincere about it, your insurance company may go to bat for you and likely deny the claim. the person filing may also be reported to NICB.

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