Auto Insurance Claims: Does hitting someone in the rear always mean you are at fault?, straigt, insurance company

Question
I was in an accident with a car that hydroplaned and hit the car in front of them.  The hydroplaning car and I collide because I couldn't stop in time of fully get out of the way.  The damage to my car shows that it was not a straigt on collision.  Also, he was cited and I was listed as not driving improperly.  Should his insurance company have to pay? If so, when they tell me they won't pay what do I do next?  I don't have collision on my car.

Answer
Hi Tina,

Unfortunately, in most cases the law required that you always be able to control your vehicle no matter what happens in front of you. If the car in fron of you hydroplaned then the insurance company will say that it was rainning so you should have been driving slower than normal and should have stayed a safer distance from the car in front of you. They will likely deny your claim. You can try to argue the point but thay do not have to change their position unless ordered to do so by a judge. That would mean that you would have to file suit at your own expense and hope a judge believes you more than them.

I hope this helps
Richard Hixenbaugh