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Article 1 of 2 in Car Accident Info |
Presumption of fault in rear-end accidents |
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Most state vehicle laws require drivers to follow at a safe distance and be able to stop for vehicles in front of them. If the driver can’t stop, it is generally assumed that he or she is at fault for causing the accident. However, this doesn’t mean that the rear-ended driver is always fault-free. Drivers whose brake or signal lights are out or those that don’t use signals or make extremely sudden turns or stops (i.e. driving recklessly or negligently) may be partially to blame.
When more than one vehicle is involved. When more than one vehicle is involved, for instance car number 4 rear-ends car number 3, number 3 rear-ends car number 2, etc., each driver may generally go after the person that hit them as long as they were not also negligent. If your car falls in the middle and you have damage to your front and rear, heed the following warning:
Call the police! Except for extremely minor accidents (bumps, really) – it is always a good idea to call the police and let them file a report. The report acts as a record of what happened and will be used by your insurance company to settle your claim and subrogate damages (going after the person at fault). Trying to gather the information afterwards – especially if you later realize that you suffered more damage than you initially thought – is usually too difficult as the “crime scene” is now tainted. Having police write a report may be time consuming, but is generally worth your while. Just make sure you get a copy of the report, either on the spot or at the station later. And if you absolutely cannot wait for the police, at least get the other person’s name, address, phone number, license plate number, drivers license number, and the name of their insurance company.
For more help on auto insurance claims, go to the Free Advice Auto Insurance Center. For information about auto accident law, check out the Free Advice Auto Accident FAQs.
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