Expert: Richard Hixenbaugh - 4/8/2009

Question
I was rear ended from behind and my car went forward and hit the car in front of me. I filed a police report the next day and also contacted my insurance company. The guy from behind is claiming that I struck first and he struck after me. But this is not true because when I file the police report, the police officer tried to call the other two drivers. The person in front of me said he only felt one impact. This is proof that I did not hit him first. Should I call up the guy in front of me and ask him to be my witness? Because he doesn't seem to know who struck first and doesn't seem to care.

I talked to my own adjuster and she said that they will cover the front car's damages regardless of who struck first, because I reported to them that I was not at a complete stop before I got rear-ended. Now, I only said that because I didn't think "complete stop" was that important. I was literally 1 second before coming to a full stop and more than one car length away. My adjuster is blaming me for two points, saying that "by law", I'm supposed to come to a full stop and also one and a half distance away from the front car in order to have absolutely no fault in this. But this sounds very ridiculous, because the impact from the car behind could easily push me forward no matter what. I don't understand why my adjuster had to say they are paying for the damages regardless of who hits first. Because I have heard of many multiple rear end collisions in which the very last car pays for everybody. And I know one of the sandwiched victims personally and he said his car was not at a full stop when the domino effect happened and he did not have to pay for anything. I'm just wondering if my adjuster is playing any tricks or is there really a law out there saying that I should be at fault if I was not completely stopped. In that case, can I change my statement, because I was 1 second away from being stopped and also driving 0km/hr. I just didn't use the expression "complete stop". I really need advice on this, because if my adjuster acts like this, my premiums might increase due to the payment of damages in which I was not at fault. Also, if my adjuster is being like this, the at-fault driver's adjuster might act like this too. I haven't actually discussed with him who's at fault and such, but I think it might happen soon.

Also, I'm in Alberta, Canada. I know it might different from the states, but if you're stuck because of that, could you still answer as if it happened in the states so maybe I could get some insights. Thanks.

Answer
Hi Angela,

You are correct. The car that hit you is responsible for all of the damage. Especially since the car in front of you indicated that they only felt one impact. You should call your adjuster and refute their decision. If they do not comply you shoudl demand to speak to a manager. You should specifically tell them you do not want them to pay for the other persons damage. If it becomes necessary, you can call the driver in front of you and try to get them to be sure to tell the same story toy your insurance company as well as the at-fault drivers insurance adjuster.

I hope this helps
Richard Hixenbaugh