The Shoulder
The Shoulder
61
Insurancekind-newt-098

Rear-ended at a dead stop and somehow *I'm* the one at fault?? Insurance is wild

Still kind of in shock writing this out.

About three weeks ago I was sitting completely still in a turn lane waiting for the arrow to go green. Out of nowhere I get slammed from behind — hard enough that my head snapped back and my car got pushed a good few feet forward. The guy who hit me actually got out and admitted his brakes had been "acting up" for a couple days. Like... he knew and was still driving.

We exchanged info at the scene. I didn't call the police because honestly I've never been in an accident before and I panicked and just didn't think to. I know, I know. Huge mistake.

I went through his insurance since he was clearly at fault (or so I thought). They took a recorded statement from me, asked a bunch of weird detailed questions, and now — two and a half weeks later — they're sending letters saying I share fault because I "may have stopped abruptly."

I was in a turn lane. Waiting for a green arrow. How is that abrupt stopping??

I've got some neck stiffness and lower back soreness that I finally saw a doctor about this week. My car has a decent amount of rear-end damage.

Has anyone dealt with something like this? Where the other driver's insurance just... invents a reason to blame you? What did you do? Do I need a lawyer at this point or can I still fight this on my own?

11replies

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11 replies

  • 13
    clever-swan-827

    I used to work on the claims side and I'll be honest — "comparative negligence" is one of the first tools adjusters reach for when there's no police report. Without an official report documenting the scene, they figure they can introduce doubt. It's not right, but it's very common. The good news: witness statements, photos of where your car was sitting, even dashcam footage from nearby businesses can fill in that gap. Start hunting for anything that puts you in that turn lane waiting on a light.

    • 8
      sharp-crane-537

      Almost the exact same thing happened to me — stopped at a railroad crossing, got rear-ended, no cops called because the other driver begged me not to. The insurance company tried to say I "stopped unnecessarily." At a railroad crossing. I couldn't make it up. I ended up getting an attorney involved and the whole tune changed pretty fast.

  • 13
    silent-swan-907

    Did you get the other driver's admission about the brakes in writing at the scene, or is it just your word against his now? And were there any other cars around who saw what happened? Not doubting you at all — just thinking about what you actually have to work with here.

    • 5
      weathered-co-pilot761

      This thread is gold. Thanks everyone.

  • 12
    cool-elk-878

    This just sounds so stressful on top of already dealing with the physical stuff. I'm sorry you're going through this. The fact that the other driver basically admitted his brakes were broken has to count for something, right? I really hope you get this sorted out.

  • 8
    cool-lynx-045

    Oh they absolutely do this on purpose. Throwing partial fault at you is a classic move — if they can get you to accept even 20% blame, they slash what they owe you. Do NOT give them any more recorded statements. Seriously, stop talking to them.

  • 8
    spry-marmot-168

    Not legal advice, but rear-end collisions carry a strong presumption of fault against the driver who did the hitting in most states — the logic being that a following driver is responsible for maintaining a safe stopping distance. The "abrupt stop" defense is real but it's a high bar to prove, especially in a dedicated turn lane where you'd have zero reason to stop suddenly other than waiting for a signal. The lack of a police report hurts, but it's not a death sentence for your claim. Worth at least a free consult with a PI attorney.

    • 15
      wise-dove-881

      Three things right now: (1) Stop talking to his insurance company without representation. (2) Go back to the intersection and look for traffic cameras or business cameras that might have caught it. (3) Get a free consult with a personal injury lawyer before you do anything else. You're not in a position to negotiate this alone when they're already playing games.

    • 4
      calm-rider274

      Really glad you posted an update — gives the rest of us some hope.

  • 8
    kind-marmot-872

    Please don't brush off that neck and back soreness. Symptoms from whiplash-type injuries can feel mild at first and then get significantly worse over the next few weeks as inflammation sets in. Keep every single appointment, follow your doctor's recommendations to the letter, and document everything — dates, what you felt, what the doctor said. That paper trail matters a lot if this goes further.

    • 5
      soft-spoken-backseat411

      Thank you both, this gave me the push I needed to make the call.