Are you automatically at fault in a rear-end accident regardless of the circumstances?

UPDATED: Jan 5, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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?

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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