The Shoulder
The Shoulder
64
clear-grouse-345

Cop said city has different fault rules than the state?? That doesn't sound right

So I got rear-ended at a stoplight last week and the responding officer showed up probably 20 minutes after it happened — neither me nor the other driver had moved our cars yet but obviously he wasn't there when it occurred.

Here's where it gets weird. My state is a no-fault state, meaning your own insurance covers your injuries regardless of who caused the crash. I know that much. But when the officer was wrapping things up, he told me that my city operates under different fault rules and handed me a citation for 'improper stop' or something like that. I'm genuinely baffled.

Like… how does a city ordinance override state law? Isn't that not how laws work? And on top of that, he wasn't even there. He's basing this citation on whatever the other driver told him, because I was already in my car shaking when he arrived and honestly didn't explain myself well.

I'm not trying to dodge responsibility if I did something wrong, but I genuinely don't think I did anything. The other car hit ME from behind while I was fully stopped. How is that an improper stop?

Does the city citation affect my insurance claim? Does it affect who's 'at fault' in the eyes of the insurance company? I have so many questions and I don't even know where to start.

Has anyone dealt with something like this — where what the cop told you just seemed legally… off? Did you fight the citation? Did it matter in the end for your claim?

13replies

Not sure what your claim is worth?

AskMatlock can connect you with an independent injury lawyer for a free case check — no pressure, no cost to start.

Check my case

0 / 4000 · posted under a randomly assigned handle

13 replies

  • 12
    kind-swift-590

    Not legal advice, but just so you have some framework: municipalities generally cannot override state traffic law — they can sometimes add ordinances for things the state doesn't cover, but they can't contradict state statutes. The no-fault system is a state insurance law, and a city citation is a separate animal — it's about a traffic code violation, not about who your insurance pays. They're two different legal tracks. That said, a citation can be used as evidence of fault in a civil claim, so it's worth looking into contesting it. Seriously, talk to someone who knows your state's specific laws.

    • 12
      kind-raven-473

      When I worked on the carrier side, a citation in the police report was one of the first things we flagged. It didn't automatically decide fault, but adjusters leaned on it hard when they wanted to reduce a payout. The thing is, officers get fault wrong all the time when they weren't present. If you have ANY evidence showing you were fully stopped — a dashcam, traffic camera nearby, a witness — get it now before it disappears. And contest that ticket.

    • 9
      weary-rider902

      This is exactly what I needed to read today. Thank you.

  • 10
    silent-marmot-433

    I went through something really similar — officer showed up late, only heard the other person's version, and I ended up with a citation I didn't deserve. I contested it in traffic court and it got dismissed because there was zero evidence beyond the other driver's word. If you have any dashcam footage, photos, or even a witness, hold onto everything. Don't just pay the ticket and move on — that can feel like an admission.

    • 8
      weary-wanderer837

      How long did it end up taking in your case?

  • 18
    plain-kestrel-127

    Even in a no-fault state, the at-fault determination still matters for property damage and for whether you can step outside the no-fault system to sue (if your injuries hit a certain threshold). Insurers will absolutely use that citation against you to minimize or deny your claim. Don't assume the no-fault label means the citation is harmless — it's not.

    • 9
      honest-rider587

      Seconding this. The same approach worked for me last year.

  • 10
    bright-crane-769

    The cop is likely conflating two totally separate things. State no-fault law governs how insurance handles medical claims. A local traffic ordinance citation is about a traffic violation. They operate in different lanes, so to speak. That said, the citation creates a paper trail that can influence fault analysis. You can typically contest a citation before the court date — sometimes it gets reduced or dropped, especially if the officer's account is based on secondhand info.

    • 5
      weathered-offramp262

      Following up on this — any update on how it turned out?

  • 6
    silent-seal-727

    I'm not saying the officer is right, but I'm curious — what exactly does the citation say? 'Improper stop' is vague. Some jurisdictions do have local ordinances about things like stopping too close to an intersection or on certain road types. That might be what he's referencing rather than claiming he knows who caused the crash. Either way, worth looking up the specific code number on the ticket.

  • 16
    patient-wolf-507

    Please don't get so caught up in the legal stuff that you forget to get checked out medically. Rear-end impacts can cause soft tissue injuries that don't show symptoms for days. If you haven't seen a doctor yet, go — even just urgent care. You want everything documented close to the date of the accident, both for your health and for any claim.

  • 8
    steady-raven-870

    Ugh this sounds so stressful, I'm sorry. You're sitting there shaken up after someone hits YOU and you walk away with a ticket? That's infuriating. Please don't just let this go — at minimum fight the citation, and make sure you're okay physically too.

    • 10
      careful-dreamer492

      This is really helpful — thank you for posting it.