Had to brake suddenly and got rear-ended, how am I at fault?
Posted by Brilliant_Low_8368@reddit | askcarguys | View on Reddit | 106 comments
Hi guys, I was recently in a car accident on the highway. The car in front of me broke immediately, I was able to brake and was rear-ended by the car behind me. The rear-end collision caused my car to move slightly toward the left carpool lane, and I was rear-ended again. However, on the police report, I was listed as a party at fault - but I didn't hit anyone.
Am I supposed to just be fine with the outcome of this report? This is my first accident, and to be honest, I don't know a lot about car-related things. I was wondering if someone could please help me figure this out.
XtraChrisP@reddit
It's 99% based on where vehicles were impacted. As another commented, insurance doesn't care what the police say when assessing damages.
Brilliant_Low_8368@reddit (OP)
So will my insurance payment go up? My car was totaled too and I don't have a car anymore, am I gonna receive payout for this?
Taredmonkeh@reddit
Call your insurance. Insurance may rule the rear driver at fault for failing to maintain a safe following distance. Save your dash cam footage if you have one.
jrileyy229@reddit
Wouldn't you think it would be a good idea to ask your insurance agent these questions about what the next steps will be?????
Brilliant_Low_8368@reddit (OP)
ya that's fair I just wanted advice for what kinda answer I should prepare for from them. lol
LowWeb7551@reddit
Most of the time when you get rear ended it’s on fault of the driver that rear ended you because they should be following at a far enough distance to break in time. But like others said insurance doesn’t care about police reports surprisingly enough. I had a lady run a stop sign and side swipe me. Cops wrote it as that, my insurance wrote it as that but her insurance didn’t care. Her insurance still found me 60% at fault somehow even though she switched her story various times with the officer. So be ready for that. To try and avoid your rate going up try to file a claim with their insurance.
CallLivesMatter@reddit
Your rate will go up because your history now includes a claim. If they’ve totaled out the car they have a dollar amount they will be paying you based on their assessment of the value of the car at the time of the accident.
funkthew0rld@reddit
A claim is only a strike against you if you’re at fault.
In the case of being rear ended, OP is not at fault.
Insurance payout will be a strike against the following driver who didn’t leave an appropriate following distance.
CallLivesMatter@reddit
If OP is in California or Oklahoma (and I think one more that I don’t recall right now) this is true. If it’s anywhere else…eh, not quite so clear. Most states don’t explicitly prohibit raising rates after a claim like this, and it tends to be left to the discretion of the insurer, to varying degrees. Some insurers don’t penalize you for an accident, some are not so magnanimous. For decades Progressive was notorious for raising rates for pretty much any reason you could imagine. Some of the newer insurers who use algorithmic pricing will flag any claim and adjust the risk assessment, which leads to higher rates.
If someone hits you it shouldn’t cause your rates to go up, but it absolutely can, despite how shitty that outcome is.
funkthew0rld@reddit
This is /r/usdefaultism.
What if OP isn’t in the USA at all?
🤣
8 billion people in the world. Over 1 billion people that speak English.
CallLivesMatter@reddit
I’m guessing the person posting in the University of California Irvine subreddit is in the United States since that is the country in which Irvine, California is located.
80s-quicksand@reddit
That depends if you are at fault or not. If you are not at fault there should be no premium change.
CallLivesMatter@reddit
I should have specified that this is going to be different state by state. I’ve added an edit to make that clear.
Filing a claim, irrespective of who is to blame, can potentially result in higher rates in some states. My wife is still paying higher insurance because six years ago someone backed into her in a parking lot and did a little over $4,000 in damage. My rate is higher because that claim follows her and I am required to have us both covered on two cars that she doesn’t even drive. Every state has their own rules and some of them are much less consumer friendly than others.
bardukasan@reddit
You will get a payout. It may take a little bit of time. You do not have to accept their first offer if it seems low. A good idea is to look for similar vehicles (year, mileage, condition) for sale right now to get an idea of what your car value is. If the first offer is significantly lower than the comps you found just politely email your agent back with links to the cars you found and they will very likely adjust the payout accordingly. Good luck!
Brief-First@reddit
It all depends on your insurance and state. You call your agent and give them the other parties' info. They will assess everything and hash it out between them- because you may be at fault for 1 of the accidents and not the other. It also depends on if your state is an no fault state or not.
jrileyy229@reddit
You don't even know if they're putting the claim against you... You go find out what the current status of the situation is... Explain to them what happened, ask them next steps.
It's not like this a final exam and you have exactly one shot to pass it. You're allowed to call them multiple times as it evolves
jack-t-o-r-s@reddit
Wouldn't you think it's possible there are individuals such as myself who have experienced the same exact situation and perhaps it's just nice to hear how a scenario plays out from another person? 🤔
djltoronto@reddit
Your insurance company should be able to tell you this, especially if they have already determined that your car was totaled.
Impossible_Battle_72@reddit
The person that hit you, their insurance should pay for your car and it shouldn't affect your rates. Their insurance should also pay for the car you got pushed into.
No_Ring6386@reddit
I guess it depends on your carrier. This past January, my car decided to go skiing and it was declared total. After I got the insurance payout I purchased an older vehicle with the same coverage levels. Because the car that was totaled was a newer vehicle when I transferred my insurance onto the used vehicle now that I have my monthly premium is around $30 cheaper a month.
LincredibleOne@reddit
This is a much more appropriate question for your insurance agent than Reddit…
XtraChrisP@reddit
You should get a check based on the assessed value of your vehicle. Rates would only typically increase if your insurance finds you at fault and has to pay the claim. If the other driver is found at fault, their insurance will pay.
phatelectribe@reddit
Just FYI I had the craziest situation a year ago.
long story short, kid rear ends me while I'm stationary waiting for a parking spot. Kid is super nervous, shaking to the point I can't take a non blurry pic of his insurance. I'm nice to him, tell him no worries, no one is hurt etc, we go about our day.
I file on his insurance and he refuses to speak to his own insurance and they won't accept liability until they get "his side of the story".
I'm like "what side? He rear ended me".
After a month of waiting, they tell me they are going to reach out to him a final time and otherwise just pay out and close the claim.
I get a message a week later saying they've denied my claim, Kis ois saying I reversed in to him at 30 mph, and they're closing the case unless I have Dashcam footage.
I don't so I'm fucked. Find out that my policy on that car doesn't subrogate so I'm on my own.
I go to every business along that street and becuase it's been over a month they no longer have footage. I contact one bar and offer a $200 reward in case they can find footage and within 5 minutes they email the most perfect HD video of the kid slamming in to me while I'm stopped.
I've give the insurance adjuster a real hard time and demand they go after their client for lying in a sworn statement.
Best part about it was that it was a rare car and parts could only be had in europe. The shipping was over $2k just for the parts and in all it was nearly a $10k fix.
Moral of the story? Fuck State Farm.
XtraChrisP@reddit
Wow, that absolutely sucks. I think you're right in your conclusion about State Farm. My wife was hit 4 months ago. Young girl. Nervous, wouldn't provide info for 15 minutes. Ended up having insurance and sharing info. We report the accident. Our insurance tells us to go get it estimated. The girl hadn't reported it to her insurance yet, but our insurance said they would continue to push the other company. We got our estimate, and the option to get it fixed if we paid our deductible. We waited two more weeks. No report from the girl. We finally decide to get the car fixed. We were going to regardless. 2 weeks later our insurance let's us know that they worked with the other person's insurance and got our deductible back. 2 days later, Geico sent us a check paid out from Mercury Insurance. She still hadn't reported it, by the time this all finished.
gheiminfantry@reddit
Because you were following too close to the car in front. That's how you are at fault.
AdhesiveSeaMonkey@reddit
Your insurance company won’t care about the police’s determination of fault. They are there to limit their liability, which means limiting yours in this case. Get the police report number, call your insurance company, this is what you pay them stupid amounts of money for.
wsxdfcvgbnjmlkjafals@reddit
Others already answered but this is a good time for a cheap dash cam for insurance purposes, just in case the other parties argue you were at fault
Brilliant_Low_8368@reddit (OP)
thank you!! I definitely will get one - I just need a car now 😭😭
Previous_Reindeer339@reddit
Don’t get a cheap one they do not have enough resolution to capture your license plate numbers.
Brief-First@reddit
Do you have rental coverage? If so, you can get a rental until things are figured out. Your best bet is to call your insurance, it is literally what you pay them for.
Icy-Cardiologist-958@reddit
Nope, you are not. Almost the exact same thing happened to me like 25 years ago. I ended up being not at fault, this was before surveillance and all that, you should have no problem proving your case. Your insurance will go up either way, so be prepared for that.
Dexford211@reddit
Do you have a dash cam?
UnSCo@reddit
I don’t think a dashcam would make a difference considering it’s a rear-end collision. They’re very cut and dry. Even the incompetent police officers should’ve known that.
I always highly recommend a dashcam though. I wouldn’t step foot in my car without my cameras running. Saved me thousands of dollars having them.
Slalom44@reddit
A dash can would have shown that you didn’t put the car in reverse, and may also have shown the car jolted upon impact. That would have been enough to charge the other guy with filing a false report.
Brilliant_Low_8368@reddit (OP)
no I don't unfortunately
BirdsofParidise@reddit
Next car get a dash cam and a rear view cam. That one will catch distracted drivers that may rear end you. For now red the fine print of your insurance and follow their instructions when you report it. Sooner the better, they get upset if you delay.
Dexford211@reddit
I wouldn't worry about it, your insurance is going to protect you.
GuairdeanBeatha@reddit
My daughter was rear ended at a yield sign waiting for traffic. The officer said it was my daughter’s fault because “You never stop at a yield sign”. The insurance company ruled it was the other driver’s fault, paid for the repairs to my daughter’s car, and closed the case. My daughter then received a summons because the other driver was filing a lawsuit based on the officer’s report. The insurance company handled it and eventually settled the case. If there’s any fallout in the future, turn it over to the insurance company, that’s why you pay them.
Crypticle_@reddit
Please tell me you reported that cop. That’s just factually incorrect. Yield means you can go if and only if the road is clear, otherwise it’s treated as a stop sign
GuairdeanBeatha@reddit
I’m not declaring war on the sheriff’s department (they handle traffic accidents in that area) over this, and that’s what reporting him would be.
Crypticle_@reddit
That’s fair. Especially in small town style areas, just paints a massive target on your back. I hope that cops takes some time to do some inner reflection, and maybe reads the law while he’s at it
hbk314@reddit
Sadly scumbags gonna scumbag.
Crypticle_@reddit
More than likely yes. Here’s to hoping though
Nstraclassic@reddit
If that were the case what would be the point of stop signs lol? Yield signs are put up instead of stop signs in order to maintain the fow of traffic and not cause a rear ending crash like what happened in this story
Crypticle_@reddit
Stop signs are kinda pointless other than to contain the flow of traffic. Problem is, people don't know how multiple way intersections work. I've had plenty of times that I've pulled up to a 3-way, 4-way, etc and been second, third, fourth to the intersection and been the first to go because people were either scared to go or just didn't know it was their turn. And yes, I made sure they weren't moving for an extended period of time before seizing the opportunity.
Yield signs do the job of stop signs, but better. Go if it's clear, stop if it's not. Plain and simple.
What would you have liked his daughter to do? Drive straight into traffic?? Cmon use your noggin a little.
Mbanks2169@reddit
That cop is dumb. In most cases yes you shouldn't stop at a yield but if it's not safe to drive you can absolutely stop
ReciprocalPhi@reddit
Wtf do you think "yield" means? You only continue if it's clear. If there's traffic, you stop.
If you can't verify if it's clear, you stop and inch until you can.
Yield signs mean you don't have to stop not that you cant
Mbanks2169@reddit
Ummmm so you agree with me? Sounds like you're angry but saying the same thing I am?
ReciprocalPhi@reddit
"most cases yes you shouldn't stop at a yield"
I have a yield on my street. 75% of the time, there's traffic to yield to. So more than half the time, you have to stop.
There's no "most cases" for a yield sign. They're literally there because there's traffic that doesn't need to stop for you. If you're never supposed to stop for it, the sign is pointless. It's absolutely case-dependent, and you cant apply any "most cases" arguments to it.
Mbanks2169@reddit
Hence why I said "most cases". You're picking the wrong battle here boss. If it's a situation where you stop 75% of the time then it should be a stop sign. Most yields you can slow to a crawl if needed and won't get a ticket like you would for a stop sign.
Nstraclassic@reddit
Sounds like the cop determined it wasnt unsafe
CurlyQFried@reddit
Yeah wtf does that cop think. Because it’s a yield, you “legally” can only creep down to 5mph then “YOU BETTER GO OR ELSE”?
EntrySure1350@reddit
Idiot cop. 🙄
Yield means you YIELD to oncoming traffic, if there it is present. If there is no traffic, or you can safely enter the traffic flow without stopping, then you do not need to stop. This is different from a Stop sign, where you are required to come to a full STOP, regardless of whether there is traffic or not.
sam56778@reddit
In Tennessee it’s an instant following too close ticket if you hit someone from behind.
xTiredSoulx@reddit
they didn’t maintain a safe space between them and you.
MattDubh@reddit
And the cops wonder why we treat them like they're all thick as pig shit.
CobaltGate@reddit
Do you mean the car ahead of you 'braked' immediately? Or did the car break apart into pieces?
My_friends_are_toys@reddit
Your insurance is there for you, not what the police stated. In this case, the car behind you is at fault simply for hitting you. In the insurance's eyes, they were too close and didn't leave enough space to stop in time. The only way you could get screwed is if both of you have the same insurance company...they can't very well rule against themselves..
ReciprocalPhi@reddit
It wouldn't be against themselves, they weren't driving. Regardless of who's at fault, they're paying someone. There's incentive for them to accurately determine who was at fault, because they're probably going to drop that person or raise their premiums.
My_friends_are_toys@reddit
Well, it would technically be against themselves, but I understand what you mean.
ReciprocalPhi@reddit
No? Not even technically. They aren't a party in the consideration for fault. If someone asks "who is at fault for this accident?" nobody is saying "the insurance agency is at fault"
Yes, the insurance agency is paying for it, but not because they're at fault. If they represent both parties, they aren't "ruling against themselves" there's no way they can determine fault that gets them out of paying, so there's no ruling they can make that's "more" or "less" against themselves.
suptrmason1@reddit
Hmmm. Something is missing here
mattkime@reddit
Mike Birbiglia has a story about being hit by a drunk driver and the cop filled out the accident report so poorly that it said he hit himself.
ReciprocalPhi@reddit
With how often cops drink and drive, he probably did it on purpose to cover for the drunk, because he was probably a fellow cop. Or the cop was just drunk too. I'd believe it.
ReciprocalPhi@reddit
You aren't at fault here*, and the cop is a moron for putting that in the report
*assuming a couple things: 1: this is in the US 2: You didn't cut someone off then slam the brakes, then try to play victim
If you're lying to us, and you did something stupid, this doesn't apply.
brokensharts@reddit
You are not at fault. If they were unable to stop in time they were following too close
DreamingDrommer@reddit
Insurance never wants to pay so they will generally be on your side. Second get a forward and rear dash cam I know this doesn't help now but it can save you in the future
shittyhawaiitips@reddit
your insurance company doesn't care who the police decided were at fault
Possible_Move7894@reddit
This. I once had a person side-swipe me and the cop put me at 50% at fault. My based insurance came back saying we are refusing to accept liability for the accident.
edthecollector70@reddit
He is right. The report by the police is an option.
silvermoonhowler@reddit
Yup, especially if you're in a state where there's a no fault law (like I am in the case of the state I'm in)
It's all up to the insurance company and the adjuster that gets assigned to your claim that decides fault in the end ultimately
priuspollution@reddit
Call up your insurance and they’ll guide you through this and be your defense. No one on Reddit can really help besides encouraging you to talk to insurance.
SkeletorsAlt@reddit
Yeah, idk what jurisdiction OP is in, but under American law the police don’t determine who is at fault in a civil matter any more than they determine who is guilty in a criminal one.
shortbrownguy@reddit
Many states have transitioned to a system where the accident report determines partial fault to multiple parties, when multiple cars are involved in an accident.
Based on this narrative, and what you described, I can only guess the accident report was created and the police officer interpreted that your accident occured in the following manner:
You had to stop suddenly because the driver in front of you jammed on their brakes, causing the vehicle behind you to rearend you. Even though you were rear ended, your vehicle tracked into the next lane, causing a secondary accident, which would be considered your fault because you didn't maintain your lane.
Yes it's absolutely bull 💩, but this is how North Carolina looks at it, as well as several other states. My wife was involved in a similar accident, and this is exactly how it was treated.
No-Tap2334@reddit
Contest the ticket in traffic court. If you weren’t charged with a violation then there’s nothing you can challenge in court, and the officer’s statement is just an opinion. Your insurance co will make their own determination either way, and assuming you have full coverage, the only difference to you will be whether or not they sue the other driver to get your deductible back.
UnSCo@reddit
More often than not I see the reverse where cops deem a given party not at fault, but insurance says otherwise. The reverse can happen but it’s typically scenarios where fault requires more thorough investigation and isn’t as cut and dry.
This isn’t one of those scenarios.
You need to figure out how to dispute this, assuming insurance fault determination is independent from the police report and they’re recorded separately to CLUE and MVR respectively, because it may still show up on your MVR. I have no idea how insurance companies handle LexisNexis CLUE vs. MVR in terms of impact, but I know CLUE takes precedence in most cases.
The police in this case are incompetent morons, as they most often are.
Straight-Wallaby4976@reddit
Will your insurance go up? Oh buddy, I have news for you.
djltoronto@reddit
Where is the dash cam footage of this event?
ktappe@reddit
Setting insurance aside, I would do everything in my power to get that police report changed. If I’m not at fault, I don’t want any cop putting in writing that I was. Screw that.
Tree_Weasel@reddit
Former claims adjuster here. We don’t give a shit about the “at fault” determinations of the police report. The details of the police report and any photos it provides is used for us, the adjusters, to determine fault.
Police get reports wrong all the time. Often put conflicting information on their reports. And VERY often just write something down quickly because they don’t want to do it.
Call your insurance and file a claim. You’ll give a recorded statement of the facts. You’ll likely need to give a statement to the insurance if at least the guy who hit you, and likely also the person who hit them. The adjusters will ask about how many impacts drivers felt, and how many times they were hit. That allows them to piece together the details.
On a case this complicated I’d recommend you file the claim through your own insurance as it will likely be some delays in determining fault and thus getting payouts and repairs done.
If your insurance determines you not at fault they will file what’s called Subrogation to the at fault insurance company to recoup the money they are paying for your claim.
Your insurance would then code it as a not at fault accident for purposes of premium reviews. I’ve filed 4 such claims when I’ve been hit by other drivers or my car gets damaged by debris. My premiums have never gone up because of it.
I feel like it’s my insurance companies job to fix my car rather than deal with the at fault party’s insurance. 3 party insurance adjusters are often a pain in the ass to work with and I pay premiums every month. So I let my insurance fix my car and then let them go deal with the other company.
ianhen007@reddit
You have the party behind that is at fault. You hit person in front of you. Your insurance will handle passing that claim to person at fault. I have been in a few of these.
muphasta@reddit
Get a dash cam/front and rear. Not gonna help you this time, but if there is a next time...
havnar-@reddit
Not related to your problem but… How is break and brake such a hard concept
BuilditforYou@reddit
Get a lawyer, don’t admit to anything, I don’t think you’re at fault ! Don’t sign ANYTHING COPS are wrong a lot of times … Honda Strong 💪🏼
bmxracers@reddit
Were you issued a ticket? If so what for?
sllewgh@reddit
I'm not sure if this is the case in all states, but in my state the rear driver in the rear end collision is always, automatically at fault no matter the circumstances. It is your responsibility to leave a safe distance between you and the car in front.
I have been in a similar situation, only I stopped in time but was rear ended hard enough to force my car into the one in front of me. I was deemed at fault for that even though it very much was not my fault.
The insurance company works for you but they are not your friend. Their objective is to pay out as little as possible, not to help you. You will benefit if their objectives align with your needs, but don't trust them.
Then_Bar8757@reddit
Dash cam?
PolybiusChampion@reddit
Failure to maintain lane - sorry. It’s not the end of the world, but technically your vehicle made an improper lane change. Now with dash cams etc you can probably beat the ticket and your agent can see about having the initial car that caused the impact take them on, but absent that kind of evidence it is what it is.
Impossible_Battle_72@reddit
Funny. I just ran into the back of a lady that stopped after making a right on red and per my insurance, it was my fault.
Even though she stopped in the middle of the road, my fault. I knew as much. It's always the fault of the person that runs into the back of you.
DrC51Si@reddit
My wife got rear ended while slowing down(not even stopped yet) for a left turn. The police did not report the driver at fault and didn’t cite the driver that hit her due to he stated the damage would be less than $1k… 2 months and almost $8k later, we got the car back. It’s not the same car. Just thought I’d share my pain. Good luck to the OP with their car.
ShoddyJuggernaut975@reddit
I'd think an important thing here would be whether or not you were ticketed for a traffic violation.
starstablesnacks@reddit
You shouldn't be at fault here no matter how hard you were braking because the person behind you didn't have a safe braking distance and therefore caused the accident by not driving defensively.
I was sandwiched pretty hard in a brand new car between 2 cars at a red light. I was hit from behind and pushed into the car in front of me and found 0% at fault. Insurance asked the driver in front of me if they felt 1 impact (me being hit first) or 2 (me hitting them and then getting hit). They were honest, thank god, and told them they only felt 1 impact. I had a dash cam anyway in the event any party lied, and offered the footage, but I was grateful I didn't have to jump through hoops to prove innocence. Person who hit me also owned up to it. Hope your insurance helps you out here and doesn't deem you at fault.
NetFu@reddit
You are not. I've been in the same accident you were in, in the place of the guy behind you, and I was named as "at fault", even though I felt I wasn't at fault. The person in front of me just stopped faster than I was able to.
So, that just tells me what I always suspected, the reporting police officer just made a judgement call. Maybe based on the circumstances in both our cases.
retardrabbit@reddit
That cop is a knucklefuck.
Michael4593@reddit
So you were rear ended which pushed your car into the other lane where another vehicle hit you? Before the first impact, were you able to come to a stop? Most rear ended collisions you’re not at fault. You’re going to want to deal with your own insurance on this matter as the adjuster can walk you through this as this seems like it can get complicated.
insuranceguynyc@reddit
The police do not determine fault, unless the officer actually witnessed the accident.
eggsperimentalist@reddit
I was in an accident that sounds very similar. Cars in front came to a stop on the freeway, so did I, and got rear ended at full speed by the car behind me (damage to the back of my car). It pushed me forward to the left, so I hit the car in front of me (damage to the right side of my car, fender and door). My car was totaled.
There was no question that I was not at fault. Unfortunately, the driver that was at fault didn't have a license or insurance. I got paid enough to replace the car, but needed to pay my deductible because the other driver had no insurance. My premiums went up a bit, it's counted as a no fault accident and the premium increase may be coincidental.
Throttlechopper@reddit
Do you know if the car that rear-ended you had a dash cam? If so, it’s possible it showed you braking suddenly, and appeared to be brake-checking the car behind you, which is one of the few cases where you could be found at-fault especially if it was intentional.
xxInsanex@reddit
Police dont decide who is right and wrong in a car accident they just give their input, that battle is done by both insurance companies
ArnoldFarquar@reddit
The fault for hitting the guy in front of you, and the guy behind you is at fault for hitting you. The assumption is that you were following too close and didn’t leave enough room to brake in case something happened.
9BALL22@reddit
File your own police report. Check for cameras in the area.
Branded_bottle33@reddit
For USA 99.9999% of the time any sort of rear ending accident is the behind party’s fault due to lack of proper following distance
OddTheRed@reddit
I had a cop do this once without writing a ticket because he knew the other person. He didn't ticket me so I couldn't challenge it in court. Cops are shitheads.
SevroAuShitTalker@reddit
Insurance should handle it and have the person who hit you pay.
Insurance tends to go up if your in an accident, regardless of fault
DushBid911@reddit
Unless the car that rear ended you has dash cam footage of you backing into their car, they’ll likely be at fault. This is why we’re taught safe following distances in drivers ed.
CCattLady@reddit
As someone who worked on car crash cases, the person being rear-ended is rarely the part at fault. You kept a safe distance between your vehicle and the one in front of you. The car behind you caused the crash.