# Car accident with an illegal immigrant **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 7, 2015, 7:02pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260 "2015-08-07T19:02:38Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 7:02pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/1 "2015-08-07T19:02:38Z")
While driving a truck at work, a car cut off the car in front of me, in the middle lane, to make a sudden right turn at an intersection, coming to a rapid stop in moving traffic. Both cars slammed their brakes, skidding and smoking. I saw this and slammed my brakes, but I had cargo in a large box truck, coming into contact with the then stopped car in front of me. The original car that cut us off made a right from the middle lane and took off down the intersection. I got his info but his license was from Mexico and insurance not in his name, also a temporary moving permit that wasn’t signed, I got photos of everything, he was driving a beat up car and all paperwork was dated a couple days ago this month. I was on the phone with my manager the whole time and the driver tried taking my keys and hopping in my cab but my manager said go to a safe place so I did, called police, they said its ok they don’t need to get involved. Minor property damage was all, I got photos of everything. Now my big boss is caught on the fence of who is at fault, but I in no way caused or instigated the collision. I was told by management not to give the driver any info pertaining to me or the company if he doesn’t have stateside proof of his identity or relation to the car. Any advice on next steps? First collision I was involved in ---
**Author:** ![Carlarm](https://avatars.discourse-cdn.com/v4/letter/c/b5e925/32.png) [@Carlarm](https://boards.straightdope.com/u/Carlarm)\ **Post date:** [August 7, 2015, 7:25pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/2 "2015-08-07T19:25:30Z")
You rear-ended another car? Then it’s your fault for following too close. ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 7:29pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/3 "2015-08-07T19:29:57Z")
> [@Carlarm](#): > > You rear-ended another car? Then it’s your fault for following too close. I was 4 car lengths behind, braking in a 4cyl compact is different than a 30ft box truck, but regardless of who’s at fault, this guy was driving a car he had no business in, with no paperwork pertaining to his relation to the vehicle, with a license out of country. What does this mean? ---
**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\ **Post date:** [August 7, 2015, 7:35pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/4 "2015-08-07T19:35:09Z")
> [@Profdriver](#): > > I was 4 car lengths behind, braking in a 4cyl compact is different than a 30ft box truck, but regardless of who’s at fault, this guy was driving a car he had no business in, with no paperwork pertaining to his relation to the vehicle, with a license out of country. What does this mean? that you’re at fault for hitting his vehicle - and that he has alot of explaining to do as well. It may have been a scam setup - but until that is proven, you’re ‘at fault’ for rear ending the vehicle -thats the way it works. ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 7:42pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/5 "2015-08-07T19:42:56Z")
> [@Carlarm](#): > > You rear-ended another car? Then it’s your fault for following too close. I was 4 car lengths behind, braking in a 4cyl compact is different than a 30ft box truck, but regardless of who’s at fault, this guy was driving a car he had no business in, with no paperwork pertaining to his relation to the vehicle, with a license out of country. What does this mean? If someone jumps in front of your vehicle, there’s nothing you can do to avoid it ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 7:44pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/6 "2015-08-07T19:44:23Z")
> [@simster](#): > > that you’re at fault for hitting his vehicle - and that he has alot of explaining to do as well. > > It may have been a scam setup - but until that is proven, you’re ‘at fault’ for rear ending the vehicle -thats the way it works. So even tho I am insured under the company, do I pay for damages to the truck or car and I take it my license gets reported? No one has my license and the police said I was the only one that called regarding an accident at that intersection ---
**Author:** ![OldGuy](https://avatars.discourse-cdn.com/v4/letter/o/3bc359/32.png) [@OldGuy](https://boards.straightdope.com/u/OldGuy)\ **Post date:** [August 7, 2015, 7:51pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/7 "2015-08-07T19:51:19Z")
You report it to your boss, which you did. Assuming the truck is insured by the company, the company’s insurance should handle things. It’s very possible that if the other driver is an illegal, then no claim will be made. How the damage to the truck is paid for will depend. There is almost certainly no way that the other driver or insurance will cover any damage to the truck. You were following too closely plain and simple. How things get covered depends on whether your state is no fault and whether the company has collision insurance in addition to liability insurance on the truck. ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 7:52pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/8 "2015-08-07T19:52:04Z")
The “swoop and squat” is EXACTLY what happened > **[Car Insurance Tools & Resources | Allstate](https://www.allstate.com/resources/car-insurance)** > > Learn about the coverage a car insurance policy offers with helpful articles, videos, tools and more. ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 7:54pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/9 "2015-08-07T19:54:14Z")
> [@OldGuy](#): > > You report it to your boss, which you did. Assuming the truck is insured by the company, the company’s insurance should handle things. It’s very possible that if the other driver is an illegal, then no claim will be made. > > How the damage to the truck is paid for will depend. There is almost certainly no way that the other driver or insurance will cover any damage to the truck. You were following too closely plain and simple. How things get covered depends on whether your state is no fault and whether the company has collision insurance in addition to liability insurance on the truck. I took my truck straight to the depot, and it’s just a cracked radiator and fender. If you go to the intersection, there are no stop signs or lights making it impossible to cause the damage done unless a vehicle is stopped. Does my license come into play at all? ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [August 7, 2015, 7:58pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/10 "2015-08-07T19:58:59Z")
In CA, you’re at fault. If you didn’t get a ticket or anything, your license will not be affected. The company’s insurance will pay for the damage, or not. I don’t know about commercial insurance, but individuals in CA have to carry “under/uninsured” motorist coverage to protect against accidents with people who are, er, under- or un-insured. Esurance link doesn’t work. ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 8:05pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/11 "2015-08-07T20:05:58Z")
> [@TSBG](#): > > In CA, you’re at fault. If you didn’t get a ticket or anything, your license will not be affected. The company’s insurance will pay for the damage, or not. > > I don’t know about commercial insurance, but individuals in CA have to carry “under/uninsured” motorist coverage to protect against accidents with people who are, er, under- or un-insured. > > Esurance link doesn’t work. > **[Car Insurance Tools & Resources | Allstate](https://www.allstate.com/resources/car-insurance)** > > Learn about the coverage a car insurance policy offers with helpful articles, videos, tools and more. If the link doesn’t work Google car crash scan and look at the esurance website, it’s “swoop and squat” they have a great diagram showing exactly what unfolded. I’m not in CA, but vegas ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [August 7, 2015, 8:47pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/12 "2015-08-07T20:47:20Z")
> [@TSBG](#): > > In CA, you’re at fault. [Not necessarily.](http://research.lawyers.com/blogs/archives/29895-rear-ended-who-s-at-fault.html) ---
**Author:** ![TSBG](https://avatars.discourse-cdn.com/v4/letter/t/77aa72/32.png) [@TSBG](https://boards.straightdope.com/u/TSBG)\ **Post date:** [August 7, 2015, 9:00pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/13 "2015-08-07T21:00:47Z")
> [@slash2k](#): > > [Not necessarily.](http://research.lawyers.com/blogs/archives/29895-rear-ended-who-s-at-fault.html) Maybe so, but good luck getting the police to come to a non-injury accident. ---
**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\ **Post date:** [August 7, 2015, 9:26pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/14 "2015-08-07T21:26:24Z")
At this point ‘fault’ doesn’t matter - without any ohter witnesses or way to confirm your version of the story, you rear ended the vehicle - it’s “your” fault. He doesn’t have the other drivers information or anything else to back up his claim of a “swoop and squat” - and while I am not questioning him on his account of what did or did not occur - his boss might. Unfortunately - at that point of the conversation - no one here can help or advise you ---
**Author:** ![Inigo\_Montoya](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/inigo_montoya/32/124_2.png) [@Inigo\_Montoya](https://boards.straightdope.com/u/Inigo_Montoya)\ **Post date:** [August 7, 2015, 9:44pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/15 "2015-08-07T21:44:47Z")
> [@simster](#): > > At this point ‘fault’ doesn’t matter - without any ohter witnesses or way to confirm your version of the story, you rear ended the vehicle - it’s “your” fault. > > He doesn’t have the other drivers information or anything else to back up his claim of a “swoop and squat” - and while I am not questioning him on his account of what did or did not occur - his boss might. > Unfortunately - at that point of the conversation - no one here can help or advise you Seconded. Also, licensing and car registrations and ownership and drivers and all that jazz it it’s own thing, and the accident is it’s own thing. It definitely sounds like a classic swoop & squat. It’d be nice if you had photos of skid marks with the vehicles in place to support an emergency stop for you. Abbreviated version of what happens next, assuming the guy in front of you doesn’t just vanish: 1. El Hombre presents bills to you and/or employer, y’all tell him to get stuffed. 2. His lawyer presses the issue and a claim gets filed. If it’s a genuine scam in California, they will know they need in-force insurance to collect general damages. 3. Eventually your (boss’) insurance company will make the decision to pay the claim away, or tell El Hombre and his lawyer to go away if they want to avoid defending themselves in what the insurer thinks is a staged accident. 4. Worst case scenario, you end up in court. A jury will decide whether they believe you–that this was, at best the, partly your fault and partly the fault of the run away driver; or at worst, a staged accident and not your fault at all. It would really help if you had a dash cam. 🙂 ---
**Author:** ![Profdriver](https://avatars.discourse-cdn.com/v4/letter/p/71e660/32.png) [@Profdriver](https://boards.straightdope.com/u/Profdriver)\ **Post date:** [August 7, 2015, 10:26pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/16 "2015-08-07T22:26:20Z")
> [@The Great Sun Jester](#): > > Seconded. > > Also, licensing and car registrations and ownership and drivers and all that jazz it it’s own thing, and the accident is it’s own thing. > > It definitely sounds like a classic swoop & squat. It’d be nice if you had photos of skid marks with the vehicles in place to support an emergency stop for you. Abbreviated version of what happens next, assuming the guy in front of you doesn’t just vanish: > > 1. El Hombre presents bills to you and/or employer, y’all tell him to get stuffed. > 2. His lawyer presses the issue and a claim gets filed. If it’s a genuine scam in California, they will know they need in-force insurance to collect general damages. > 3. Eventually your (boss’) insurance company will make the decision to pay the claim away, or tell El Hombre and his lawyer to go away if they want to avoid defending themselves in what the insurer thinks is a staged accident. > 4. Worst case scenario, you end up in court. A jury will decide whether they believe you–that this was, at best the, partly your fault and partly the fault of the run away driver; or at worst, a staged accident and not your fault at all. > > It would really help if you had a dash cam. 🙂 What if I go back to the location today and take photos of the marks left yesterday by the parties involved? ---
**Author:** ![Emtar\_KronJonDerSohn](https://avatars.discourse-cdn.com/v4/letter/e/58956e/32.png) [@Emtar\_KronJonDerSohn](https://boards.straightdope.com/u/Emtar_KronJonDerSohn)\ **Post date:** [August 7, 2015, 10:49pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/17 "2015-08-07T22:49:07Z")
Seek out ongoing driver safety training. It all seems like obvious stuff, it doesn’t change from year to year, it can be boring, but if you maintained an “out” on one side or the other you could have swerved and avoided even an intentional scam collision. Also I’d second getting a dash cam. You’d have video evidence supporting your version of events, possibly a license plate of the disappearing lead car, and just pointing out the existence of a camera after a collision will generally shoo away a scammer. Actually be a “professional driver” as your name implies instead of a trucker. ---
**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\ **Post date:** [August 7, 2015, 10:51pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/18 "2015-08-07T22:51:07Z")
> [@Profdriver](#): > > What if I go back to the location today and take photos of the marks left yesterday by the parties involved? might help - but prove those are the marks left by “your” accident… ---
**Author:** ![racer72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/racer72/32/3075_2.png) [@racer72](https://boards.straightdope.com/u/racer72)\ **Post date:** [August 7, 2015, 10:55pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/19 "2015-08-07T22:55:19Z")
> [@Profdriver](#): > > What if I go back to the location today and take photos of the marks left yesterday by the parties involved? You have no way to prove these were from yesterday or last week. Circumstantial evidence at best. ---
**Author:** ![Snnipe\_70E](https://avatars.discourse-cdn.com/v4/letter/s/b5a626/32.png) [@Snnipe\_70E](https://boards.straightdope.com/u/Snnipe_70E)\ **Post date:** [August 7, 2015, 11:22pm UTC](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260/20 "2015-08-07T23:22:21Z")
> [@Profdriver](#): > > . I was told by management not to give the driver any info pertaining to me or the company if he doesn’t have stateside proof of his identity or relation to the car. > > Any advice on next steps? First collision I was involved in You hit a car in front of you. That is going to put the blame on you. In most states you are required to give your information to anyone that you are in a accident with. Leaving an accident with identifying your self can be considered hit and run. One time I was rear ended by a car. I think the driver only had a learners permit, and the woman with him was his mom and licensed. I do not know if they had insurance. They refused to give me their information. I called the police and they said just exchange information. I asked how do I get the information when they refuse. After a 5 minute discussion with SJPD they sent an officer. She got the information that I needed. Handed it to me on a form and said I could go while she wrote them a very large ticket. [Next page](https://boards.straightdope.com/t/car-accident-with-an-illegal-immigrant/727260.md?page=2)