Search

Working With Lawyers Every Day

When You Rear-End Someone, But It's Not Your Fault

8 June 2019

Cassandra Stone

Chances are, if you have been driving for any time at all, you've heard the old adage that if someone rear-ends you, it is always their fault. This sounds reassuring when you are the person who is rear-ended. But what if you are the driver who just rear-ended someone, and you're confident that the accident was not, in fact, your fault! The truth is, there are times when rear-end collisions are not the fault of the driver in the back. But proving you're not at fault here can be a bit precarious, so you'll want to take into account the information below.

Evidence Is Important

Without any evidence to the contrary, your insurance company (and that of the other driver) are going to assume you were to blame for the crash. They'll claim that the mere fact that you rear-ended the other driver means you were following too closely, traveling too quickly, distracted, or perhaps all three. You need to have evidence if you plan to argue against this. Do you have a police report that states the other driver's tail lights were out, which caused you not to realize they were braking? Maybe there were witnesses who can attest that the other driver slammed their brakes on abruptly, giving you no time to react even though you were far enough back. 

In order to be found at-fault, the other driver had to have been doing something that caused you to hit them. If you have no proof of this, you may not have a good case.

Start With The Insurance Company

Your first thought may be to contact a lawyer and attempt to sue the other driver, but sometimes that is not even necessary. Submit your evidence to the insurance company, and see what happens. They may simply accept your claim, pay all the expenses, and allow you to move on. If they turn down your claim, that's when you need to contact a lawyer.

Choose a Lawyer Who Specializes in Car Accidents

Since arguing against fault in a rear-end case can be complicated, you definitely want to hire an attorney who has specific experience in car accidents. They'll be better versed in dealing with insurance companies and will know which arguments can be made in your case. Meet with several lawyers to get the idea of the approaches they may take, and hire the one who seems most confident in their approach to your case. For more information find a specialist like a personal injury attorney.

Share