Who's fault is it if you get rear ended by another vehicle?

My sister was unfortunately rear ended by this maniac. She was on the right lane going the limit 60 km/hr then she had to slow down a little because another car had just made the lane change into her lane then she pressed her brakes lightly then the Civic behind her hit her car no one was hurt and minor damage was done.

Now the guy is trying to say its her fault for brake checking, but her insurance company is saying that he should not have been following closely. He was making up something about her driving slow but the insurance company representative was like "I hope you're smarter when you drive next time because tailgating someone is not smart. Safety first remember"?

I guess it was his fault? Regardless if my sister blocking the lane or driving slow he should have used common sense and kept his distance.

Even then people on Y/A tell me "you should not be driving slow" well what if I have kids in the back? Do you think they would feel comfy going super fast? What if I am driving on a spare tire? I'm sure speeding with a spare is REALLY SAFE.....

21 Answers

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  • GEEGEE
    Lv 7
    3 months ago
    Best Answer

    Sounds like the driver of the Civic was following to closely and didn't have time to react. Other situations might vary.

  • 3 months ago

    In most cases the person doing the rear-ending is automatically at fault. She should definitely have gotten a police report.

    Him claiming that she 'brake checked him' is b.s. because you are required to keep your vehicle under control at all times. The fact that he hit her means he was either following too close, going to fast, or both.

  • zipper
    Lv 6
    3 months ago

    Hit in the rear, it is the guy that hit her in the rear. I hope the police were called. That would quickly resolved that issue then and there. If her tail lights were working, it is the guys fault.

  • 3 months ago

    Its the other drivers fault. I wouldnt worry about it. Its one of those things you just cant control

    Source(s): nothing
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  • 3 months ago

    the guy following your sister is at fault. he waited for the right opportunity to slam her in the rear after that he tried to make excuses like it couldn't been help.

  • don r
    Lv 7
    3 months ago

    Just sic your insurance on them. It is their fault. You can't go faster than the car in front of you, no matter what the speed limit is.

  • 3 months ago

    Unless she braked HARD, it is the fault of the driver behind her, even if she shouldn't have braked.

    If she SLAMMED on her brakes without good reason, he has an argument, but not necessarily a conclusive argument.

    • falconry2
      Lv 7
      3 months agoReport

      Even if she slammed the brakes the other driver was following too close and/or inattentive. Standard rule is following distance SHOULD allow for sharp braking by the lead vehicle under pretty much ALL circumstance.

  • Pearl
    Lv 7
    3 months ago

    depends on what happened

  • Teva
    Lv 4
    3 months ago

    It's always the fault of the person in the rear.

  • Anonymous
    3 months ago

    Rear ender's fault, shouldn't be driving that close, most highway speed limit is 65 so going 60 in the right lane is perfectly normal especially when there is a lot of cars on the road too.

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