Car accident - car hit from behind. driver that hit me blames me?

thezaylady

Even if you did cut him off, people are supposed to stay alert enough not to rear-end anyone.

Just Me

They know there wrong so there trying to pin the blame on you.

Metal

Did you file a police report? It is always the other persons fault if they hit you in the rear.

If you didn't I would call his insurance agency and yours and get them to access the damage. If you cut him off you would have messed up the side of his car.

I hope you get this taken care of.

la428282

Ok.. please take everyones advice with a grain of salt b/c im seeing ALOT of wrong answers. As a claims adjuster let me tell you what is going to happen..

Generally if they hit you smack in the middle of the back.. regardless if their insured told them you switched lanes.. they will pay out. It may take a little time for them to investigate but they will.

now, if your damage is to one side (say your left side) then it will be word vs word and the damage will support their facts of loss.

But it is DEFINATELY an insurance companies job to protect their insured and if they have no evidence to PROVE They are at fault.. they obviously wont pay out.

Fred C

If you cut him off, there would likely be an angle to the damage that any insurance investigator would spot. It is going to be pretty tough for him to prove you did that. It sounds like he wasn't paying attention, and is trying to cast blame as fast as he can.

xXCZRXx

did you get a police report that would have helped

sk33t3r

The guy in back of you did not have controls of his car. He hit you. It's his fault.

It is the responsibility of the guy in back to be aware of what's going on in front of him. He was probably on his cell phone.

Sheikh Mustafa El Bundy

If u are hit from behind (rear-ended) the the person who did the rear-ending is at fault.
If u "cut him/her off" there would be paint evidence to prove that u did,ring yr insurer to get pictures of the damage to his/her car.
Good luck.

Hello

That's why people file police report in accidents like that so you can immediately file away what happened. If the impact is squarely at the rear of your car you'll have stronger case since if you did cut him off the impact would most likely be at the rear corner.

Doctor J

Hi Dan. In most states, the presumption when a car is 'rear-ended' is that the party doing the rear-ending is at fault. I would expect the burden is on the other driver to prove that you are at fault (and not him).

You should be discussing these issues with your insurance company.

Best wishes and good luck.

Sophiesmom

Its the car that hit you fault...

stewiegriffin4president

Did you signal? Did you call the cops and file a police report? A report helps GREATLY in situations like this.

If the damage is to the rear of your car only, it is likely the other driver's insurance will pay for your damages and consider him/her at fault. However, if the damage is to the side of your vehicle or at some other angle other than strictly rear damage, you will likely have to endure a drawn out process as the insurance company investigates.

If the other company straight up denies your claim, file with your insurance and ask that they investigate. They may be able to subrogate against the other party.

In most cases that *I* have seen like this where our insured has hit someone else in the rear, we ended up paying the claim. But then again, not all insurance companies are as fair as the one I work for.

Good luck. Hope you have lots of patience!!

darklydrawl

Provided your brake lights are operational at the time of impact and you did not have the vehicle in reverse it is mostly the other driver's fault if they rear ended you.

mrdavidc1974

my sis was rear ended once and ticketed she fought it and lost..the judge told her she had to give the other driver reasonable time to react

Jim C

If he hit you behind the door it does not matter what he says it is his fault.

matthew m

Yes, the person who is hit from behind is in the right. The only time you would be at fault is if it was an emergency vehicle. Dont worry im sure you'll be o.k, unless you dont have insurance and that is the only other reason you would have trouble.

TrayLuvsJay

I hope u filed a police report. He hit u from behind, so it's his fault.

bundysmom

Were you changing lanes when this happened? I'm assuming you did since you say you were slowing down to turn into a turning lane. If you were changing lanes when this happened, sorry, you're at fault. You made an unsafe lane change. However, if you can prove he was somewhere he wasn't supposed to be, for example, traveling more than 100ft in a suicide lane that turns into a left turn lane, then he's partially to blame.

If you were NOT making a lane change & were rear ended, he's at fault.

eldoradodave

If you hit a car in the rear it is your fault. If you back out of a street or driveway into a car it is your fault. A car in reverse is at fault and if someone slams you from the rear while your car is in a forward motion or gear , it is the one who rearends you is at faullt. Besides if you are turning left and a car is passing on the left and hits you it is their fault

River Girl

Anytime someone hits you from behind, it is their fault.

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