Rear end collision accident question

Question

I was in a rear-end collision this morning, when the light turned green, the car in front of me began driving and suddenly stopped, now this street was heavily congested and boom we crash. I understand that the car hitting the car in fron in this case us usually liable, however, the driver of the car took the blame and she got out, the reason being was because she was not familiar with using that typical sort of car [a rental from an Avis, ironically she had just gotten in a 2 blocks behind] now I was in a hurry so I did the usual routine and exchanged info etc.

So who is at fault, and how would this workout through insurance?

Answer 1

sorry buddy.  No ifs, ands, or butts... you are the primary cause of this accident.  You failed to maintain proper distance and were following too closely. they may put SLIGHT negligence on the other party.. but thats it.  It doesnt matter what she said at the scene... she is not the law.. and she is not insurance.  Shes does not determine liability- they do.  

Answer 2

In a rearend collision the person hitting the car from behind is always at fault. It is called following too closely. Your insurance will pick up the tab and your rates will most likely increase upon renewal of your policy.

Answer 3

problem is , even though she said its her fault, legally, you are still at fault. I say this because you are suppose to stay a good distance behind the car infront of you , so that in situations like this , you have enough time to stop. Since you hit her from behind, that shows that you were following too closely. Right now, chances are, that its like 50/50. What you do have on your side is that there was no police report so there is no evidence its all really hear-say. So lets see what she really says to the rental agency, if its your fault or hers. Lets hope she didnt contact anyone to get help.

Answer 4

Yes it can apply in this region.....yet, you also have some responsibility in this (sorry).  

Answer 5

I don't look at it as you were at fault but were the one that made an illegal maneuver/act.  You were following too close, what the summons would say, and should have maintained enough distance to avoid any collision.

Now, since it is minor damage, your insurance company will probably take care of your damage and any on the rental car driven by the other party.  Sometimes, it is so minor the company just fixes it with their own or just lets it go though, so maybe you will be lucky.

Answer 6

You failed to stop witin a safe and assured distance

no matter how fast or slow you are going you should assume something is going to drop off the vehicle in front of you and allow yoursef distance to be able to stop without running over/into it

Answer 7

YOU ARE AT FAULT.

Answer 8

You are primarily at fault. You were following too closely and not keeping a proper lookout.  You are supposed to have enough distance between you and the vehicle in front of you so that the front car can make a sudden/emergency stop and you don't hit her.

Look at it this way -- rather than her car stalling......say she slams on her brakes to keep from hitting a run away baby carriage. I think it's pretty safe to assume that she should brake to avoid the run away baby carriage. So - do you still hit her in the back? Yep.

Now, California is a Pure Comparative state. That means, the insurance company will investigate the accident and assign a % of negligence to each driver. You get paid according to that %. For example: if you are determined to be 75% at fault and she is determined to be 25% at fault-- then her company would pay for 25% of your damage and your company would pay for 75% of her.

Since it is a pure comparative state - some negligence may be assigned to her for stalling the vehicle. However, the bulk lies on you for following too closely and not keeping a proper look out. (at least in my opinion).