Got rear ended who’s fault is it?

UPDATED: Oct 1, 2022

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Got rear ended who’s fault is it?

The third and second car ahead of me got into
an accident and the car in front of me hit the
second car. I was going 65mph I stepped on
the break it screeched and wouldn’t stop so
seeing the opening on my right I swerved to the
next lane, but having slowed down my speed
before the car in the next lane rear ended my
car. Who’s fault is this?

Asked on October 9, 2017 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The car that rear-ended you is at fault.  In a rear-end collision, the car that hit you from behind is at fault unless it was pushed into you by another vehicle. 
It would be advisable to file a property damage claim with the at-fault party's insurance carrier because if you try to resolve the matter with the other party and that individual might not pay or might not be able to pay for the repairs to your car.  In addition, injuries from auto accidents do not necessarily result in immediate symptoms.  If you subsequently need medical treatment, you will have a personal injury claim, and it is unlikely that the other party will be able to pay your medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.
Therefore, it would be advisable to file your claim with the at-fault party's insurance carrier. The property damage claim is separate from the personal injury claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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