Expert: Ron Cercone - 8/11/2010

Question
Hi,
I live in WV. I was rear ended today. I was stopped at a red light (yield sign). There was a car in front of me. When she pulled out. I pulled up to look to see if it were clear. I let the car roll a few more inches to see the other way better.  I was rear ended. The other lady is claiming it was my fault b/c i stopped short. I was pulling out and then braked.. I didn't. A police report was filed. All she had was a small black mark on her fender and me my back light was crushed and the paint a little scrapped. I was with my brother and she had no passengers.

My questions:
1. Who determines who's fault it was? I'm afraid they will side with her. Do people (her) usually sue for this sort of thing? All I want is my tail light fixed, nothing more.

2.whose insurance do i claim with? hers or mine? could she claim damages under my insurance?

3. will my premium go up if it isn't my fault?

4. would it be worth even filing a claim? a police report was filed and should be ready in a couple days.

thank you so so much for any help!!

Answer
The party behind is always at fault in a rear end collision. Make the claim with her insurance or sue her in small claims court. The police report is to your benefit and should put her at fault. Don't file a claim with your own insurer for a broken tail lamp. Premiums should not go up if not your fault.