Auto Insurance Claims: auto insurance collision claim whose fault, collateral damage, other vehicles

Question
I was involved in an accident where I rear ended the car in front of me who stopped suddenly when another car had cut off the car in front of him. The car in front of him swerved into the bike lane to avoid being hit by the person cutting in and the car in front of me slammed on his breaks, however I was unable to stop in time. There was minor damage to our bumpers and the car in front of the person I hit who went into the bike lane plus the car that cut him off both took off as they were not hit, leaving the person in front of me and myself left on the side of the road exchanging insurance information. The party that I hit doesn't said that they would prefer to get estimates rather than pay there $1500 deductible and expects me to pay for repairs since I "rear ended" them assuming that it is my liability. I feel that we were both collateral damage due to the person who cut the other driver off. Am I at fault? My front bumper damage is minimal and I probably wouldn't file to get i fixed at this point, but the other party wants to have theirs fixed? Should I file with my insurance? How do they determine whose insurance pays for damages in such a situation? They also do not want to pay the $1500 deductible to fix their car? Help?! Confused in California..

Answer
Hi Rita,

Unfortunately, you will be considered to be at fault. Anytime you hit someone in the rear you are at fault. The law requires that all drivers maintain a safe enough distance and speed to be able to react to any situation regardless of what it is with out hitting any other vehicles.

You can either pay for the repairs to the other car out of pocket or file a claim with your insurance. Keep in mind that there is likely hidden damage that will increase the cost once it is in the body shop. In addition, you will also have to pay for a rental car while the vehicle is being repaired.

I hope this helps
Richard Hixenbaugh