Driving & Driving Test Tips: rear-ended accident, infront, arbitrator


Question
Dear Mark:

I was rear-ended by vehicle #2 while stepping on the brake to slow down for traffic infront and vehicle #2 got hit by vehicle #3 from behind.  I was going straight, however, vehicle #2 and vehicle #3 both accused me of merging infront of them causing the accident.  The police took their words and put down that I was merging but the police did also put down that he did not witness the accident. Now vehicle #2 who hit me from behind is sueing me. In this he said/she said case, the fact is that I was hit in the rear. What is the worst possible percentage my insurance company be offering him?  Thanks.

Answer
The worst for you would be 100% meaning you were completely at fault for the collision.

The worst for them would be 0% meaning they think you were not at fault for the collision in any way.

At least initially your insurance will probably deny their claim (0% offer) and probably go to arbitration/trial.  Then it is up to the arbitrator or jury to decide and that can be a wide area of discretion.