Rearended accident

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 6, 2015

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Insurance Question from Augusta, GA

Asked on 03/06/2015

Rearended accident I rearended a driver when he abruptly stopped in the middle of the exit ramp. There was no car in front of him and according to the police report he stopped to answer his cell. His car was fine, but mine had to be towed and the damages included: replacing, hood, radiator, fans and head lights. His insurance company has denied the claim stating that I was 50% responsible. Is there anyway to appeal this?

Answer given on March 07, 2015

Usually, if you rear end someone the accident is considered to be your fault even if they stopped for no apparent reason. The other insurance company will usually deny your claim since you should have had a safe distance between you and the other car so that you could stop in time.You should speak to your insurance company about the claim. See if they also consider you as being 50% at fault. If so, then they will not try to collect from the other insurance company. Also, see if the police report says the other driver stopped so he could answer his cell phone. That could help you in your case, especially if there is a law against cell phone use while driving.You can try to take the other driver to small claims court for your damages. If you win then his insurance company will have to pay for your damages.

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