“I was rear-ended and the other driver’s insurance company is blaming me for the crash. How can they do that? What does that mean for me?”
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.
Today’s question comes from someone who contacted us recently wanting to know how the other driver’s insurance company can say she is to blame when the other driver rear-ended her.
Generally, when people think of a rear end collision, they assume that the driver who did the rear ending is 100% responsible for the collision. You may be surprised that the insurance company for the driver who did the rear ending would argue that the person who got rear ended is partly at fault, but think about it this way. If there is a way for the insurance company to not have to pay out as much, it will seize the opportunity. One of the ways it can save money, is to show that the person who got rear ended was partly responsible for the collision.
Is a person who got rear ended ever partly to blame for the collision? Well, sometimes yes. It really depends on the specific facts of the case.
Think, for example, about someone who weaves from one lane to another in traffic. An insurance company might argue that a driver’s fast weaving in and out of lanes caused another person to rear-end them because they didn’t have enough time to stop when someone quickly switched to their lane & was too close in front of them.
If the person who is claiming to be injured is found partly at fault by a judge or jury, a key determination is quantifying that percentage of partial responsibility. In other words, was the injured party 30% at fault in causing the rear end collision? 50% at fault? 60% at fault? In Indiana, so long as the other driver is found to be 51% or more at fault for the collision, an injured Person can recover for their losses & injuries.
I hope you found this information helpful. If you have questions about your legal rights. If you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at +1 (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting For Truth”.