Legal Question in Insurance Law in California
Being Rear-Ended
I was rear-ended while moving into a turn lane. I had my blinker brakes o as I was slowing to come to a stop light. The other driver was coming down a hill, slammed on his breaks (left a treadmark of about 40 ft) and hit me. He's claiming it was my fault. I was in the turn lane when he hit me. I've been told that when you get rear-ended it's automatically the fault of the person who did the hitting. Is this true?
3 Answers from Attorneys
Re: Being Rear-Ended
No it is not automatically someone else's fault if they hit you from the rear, however it sounds like you have a pretty strong case. Did the police come out to the scene of the crash? Did they prepare a report? Were there any witnesses? If there were, did someone get statements from them? Since it looks like liability is going to be disputed, it's urgent that you have some investigation done as soon as possible.
Re: Being Rear-Ended
No, it is not automatic. you need to look at the facts and determine who violated what specific section of the vehicle code. However, the person who was to the rear is very often at fault.
Re: Being Rear-Ended
Not all rearenders are a slam dunk. Yours sound like a case of liability on the guy who hit you. If you wish to persue this guy, I would recommend getting a lawyer. Insurance companies train thier adjusters to twist your words. If you were hurt, get medical attention. I practice in Indiana and California. If you have any questions you can call me for more details at 310-340-3890.
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