My car came to a sudden stop, and I ended up rear-ending them. How much liability do I share in this situation?
I had a challenging morning driving in traffic at a safe distance when I noticed the light turning from green to yellow as we approached the intersection. The vehicle in front of me had already crossed the stop line and seemed to be moving through the intersection, but unexpectedly, the driver slammed on the brakes for no discernible reason. This unexpected stop caused me to collide with the right rear side of their car (left front of mine since I tried to swerve to avoid the impact).
The damage was minor—his rear bumper is cracked, and mine is too—but the sudden stop was out of the ordinary for traffic conditions. I understand that since I rear-ended the other car, it may be difficult to argue against liability. However, to what extent should this be regarded as shared liability? Should I file a claim with my own insurance to explain my side and potentially get his insurance to cover my damages? I’m new to navigating this process, and we have already reported the accident to the police.
It sounds like you had a frustrating experience, and it’s understandable to be uncertain about the liability aspect of the accident. In general, when it comes to rear-end collisions, the driver who strikes the vehicle in front often holds primary liability. This is because drivers are expected to maintain a safe following distance and be able to react to sudden stops in traffic.
However, there are situations, like the one you described, where shared liability might come into play. If the vehicle in front stopped unexpectedly and outside of normal driving behavior (in your case, stopping after crossing the stop line when traffic was moving), this could be considered a factor in determining the extent of liability. Factors that could influence shared liability might include:
As for what you should do next:
While it’s more likely that you will be deemed at fault as the rear driver, presenting your case effectively to your insurance company can help establish the nuances of the situation, which may lead to shared liability being recognized. Ultimately, the insurance companies will review the facts, and they may negotiate with each other regarding liability.