Is it always my fault if I rear ended someone?

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asked Aug 1, 2022 in Insurance/Registration by boredwater (8,700 points)
Is it always my fault if I rear ended someone?

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answered Aug 1, 2022 by JorelFlorke (7,460 points)
It's not always your fault if you rear ended someone.

Sometimes someone in front of you may suddenly stop or do something that causes you to rear end the person and then the person in front of you may rear end that vehicle.

In those cases you're not at fault unless you were not paying attention and just rear ended a vehicle.

When determining who is at fault in a rear-end collision, the answer is most often the rear or “approaching” vehicle.

Some states support a presumptive law that generally places fault on the rear driver, either for following too closely or due to distracted driving.

After an auto accident you have up to 30 days to file a claim and claim on your auto insurance policy.

It's always best to file a claim the same day or next though after the auto accident to get the process going faster.

It's better to use car insurance if the cost of the damage is more than the deductible.

However if the cost of the damage is less than the deductible or about the same as the deductible then it would be better to pay out of pocket.

Failing to report an accident to the police is a criminal offense and you can get arrested and even fined.

Always report an accident even if you have to show up the next day to the police station to make the police report.

After an accident you do have to give insurance details and exchange information with each driver involved.

Always exchange, names and auto insurance information after an accident.

If you have an accident and don't have enough money to pay for any damages, injuries etc then you can be sued and also lose your license and have your license and vehicle registration suspended.

You should always have auto insurance on your vehicle even if it is not the law as it protects you in the event of an accident.

You should file an insurance claim when you can't afford to pay cash for damages or medical bills that your insurance policy will cover.

You should pay out of pocket instead of filing an insurance claim if the repairs or medical bills incurred in an accident that you cause will cost less than your deductible.

If the at-fault party does not have car insurance, you can file a compensation claim with your insurance company or file a lawsuit against the negligent party.

When you are in an accident, you may expect the other driver to have auto insurance, but this is not always the case.

Insurance companies will seek to decrease or eliminate payments for injuries caused by an insured person's actions. After becoming injured, victims of accidents want nothing more than to move on from the traumatizing experience.

If the auto insurance company does not want to pay then you can do the following.

    Ask For an Explanation. Several car insurance companies are quick to support their own policyholder.
    Threaten Their Profits.
    Use Your Policy.
    Small Claims Court & Mediation.
    File a Lawsuit.

Even if you know the accident was your fault, don't say sorry or admit guilt at the scene as your insurer might have a clause about it.

Exchange details with the other's involved and get in touch with your insurer to report the incident.

Regardless of fault, it is important to call your insurance company and report any accident that involved injuries or property damage.

A common myth is that you do not need to contact your insurance company if you were not at fault.

If the auto insurer refuses a reasonable settlement offer within policy limits, it is playing a risky game.

If, ultimately, “the judgment exceeds the policy limits,” the insurance company is liable “for the entire judgment,” including the amount in excess of policy limits.

If you are involved in an accident and found not to be at fault, the insurance of the responsible party will cover your costs.

Insurance claims are often denied if there is a dispute as to fault or liability.

Companies will only agree to pay you if there's clear evidence to show that their policyholder is to blame for your injuries.

If there is any indication that their policyholder isn't responsible the insurer will deny your claim.

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