Q: I rear-ended a vehicle at 5 MPH that was sitting in the middle of the street with his car running and flashers on.

A: Maybe you can. There are a lot of variables. How disabled was the car? How injured was the driver? How busy was the street?, etc. The decision to settle belongs solely to your insurer. There is nothing you can do about it, except communicate to your insurer the facts that you think are important. After that, it's out of your control.

A: This situation raises several important legal considerations regarding both the accident and the prior incident they failed to disclose.

Your responsibility in this case may be limited since the other driver appears to have violated California Vehicle Code Section 22400, which prohibits stopping in a way that impedes normal traffic flow when it's practical to move to the side of the road. If they could have safely moved their vehicle but chose not to, this could constitute negligence on their part. Additionally, their failure to disclose the prior hit-and-run incident to your insurance company could be seen as material misrepresentation.

You should immediately inform your insurance company about the previously undisclosed hit-and-run incident and your suspicions about their insurance status. Document everything you remember about the scene, including the fact that their car was running and could potentially have been moved. Consider filing a complaint with the California Department of Insurance if you believe the other driver is making fraudulent claims, and request that your insurance company thoroughly investigate the sequence of events before settling. If needed, you may want to consult with a personal injury attorney to protect your interests, especially given the size of the claim being made against you.