If the other insurance wants to blame me 80 percent for rear end collision isnt that rediculus?

Question

Ok because there backing the guy up cause he said I cut him off.

So i stopped for a deer got rear ended once I stopped ok didn't change lanes or nothing.

Now they want to put 80 percent of the blame on me and wont talk to me about it or the other witnesses they will only talk to the one witnesses who they gets the opinion on there side.

They wont talk to the owner of the car and my insurance says they need to.

What are my options here?

Answer 1

When driving you and everyone have the duty to leave an assured clear distance ahead... basically enough stopping time.  They are arguing that you cut them off, as in they had enough stopping distance but you cut if off and then slammed on the brakes.  They have a witness that agrees and thats probably what their driver says.  They basically have documentation of their claim.

You are arguing that you didn't cut them off that they just didn't leave enough stopping distance and it sounds like you have witnesses that will back  you up too.  However because they have a witness that says the opposite it seems like its word versus word.  It'd be hard for you to prove the other driver is at fault but also hard for him to prove you're at fault.

If you have full coverage, it is likely your insurance is trying to fight this for you, but if you don't your option would be to take him to small claims court and try to prove your case.  The hard thing is you may still not win anything as it seems you'll have difficulty proving the facts.

Answer 2

You were "rear ended" by someone.  Regardless of WHY you stopped, that person did not attempt to avoid the accident...and according to the insurance company of the man who rear-ended my mother March of 06...it is NOT your fault in anyway.

I would be finding a lawyer...even the ones that you see in t.v adverts in your state are ok, getting them to take your case might be tricky, but I'm sure you'll find one.

Answer 3

You are not at fault.....This is the fourth time you have asked the same question Jayguy.  Maybe you should give up or accept the other answers?

Answer 4

What does the police report say?

Talk to your insurance company and find out what your options are.

Answer 5

Hope you had a police report, anytime you get hit from behind it's 100% the guys fault that rear ended you because he failed to control his vehicle.