I was rear ended and now that driver's insurance company says it was the fault of the car in front of me that stopped suddenly and they aren't going to pay. I didn't hit the front car until I was hit and pushed into it. Who's at fault in Texas.
by 
bensmb
ANSWERS: 13
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According to the laws here, if you get rear ended or even a pile up, it is the last vehicle's fault for following to close.
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That sounds like a bunch of bullsh!t. If that's true, it is really messed up.
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In Texas the one that hit you from the rear is at fault. I would see an attorney and probably all it will take is for them to send a letter to that insurance company stating that litigation will follow if they dont settle up. They know they are wrong, just trying to force you to take responsibility.
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Insurance companies will try anything to avoid having to pay anything out. They are trying to scare you into going away. don't back down. Talk to a lawyer, preferably one that specialises in accidents and injuries, and see what your options are. At best have them send a letter to the insurance company. That will usually straighten them out.
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All drivers are supposed to leave ample stopping distance between themselves and the car in front of them so that if that car does an emergency stop they have time to react and stop without hitting them. Although I can't claim to be familiar with the statutes in Texas specifically, it seems pretty clear to me that the fault lies with the car at the rear of this incident since they were driving too close/too fast in relation to your car. Insurance companies always make things up and try to wriggle out of paying up however, so it does not surprise me that they are claiming something stupid...
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If you had time to stop, the driver behind you had time to stop, unless they were not paying attention, or following too close. Have an attorney call the insurance company. They'll back down. They know better. The last thing they want is to go to court over something they know won't hold water. They do that stuff because people often let it go.
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see a lawyer
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I do know a little about tx law, not much, but a couple of questions come to mind. first is where is you insurance company in all of this? They should be in contact with the company attempting to shirk their responsability. That is part of what you pay them to do. You may also be held somewhat liable because you stopped close enough that you were pushed into the other vehicle, but primary fault lies with their insured driver. Get your company involved before you engage a lawyer.
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You are not at fault, if you have time to stop and not hit the other vehicle, the vehicle behind you should have done the same. They were inattentive and driving too close for the speed they were travelling. I suggest you file a DOI (department of Insurance) complaint and if need be get an attorney, they will take a 3rd of your settlement, so I'd be careful. However, You are owed and they're not being reasonable.
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Rules of the road would be the person that rear ended you would be at-fault. Since you were struck in the rear and pushed into the first car. You do not need a lawyer. Honestly, in my opinion, lawyers do not do anymore than you can do on your own. Best suggestion is to contact your insurance company. You can file with them and let them work it out with the company that is making the denial. Unfortuanately, not all insurance companies (companies vary like any other business) on their competency and integrity. Go with your own and let them battle it out with the at-fault persons insurance if they have any. If they do not, you can file with your UMPD(uninsured motorist property damage) coverage. Contact Texas Department of Insurance if you have questions or can not get anywhere
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I thought it was a national standard that the car in the rear is at fault. Responses from our Canadian friends implies that it is an international standard. Years ago, there was a case that made the papers here in Florida because it was a politician who rear ended a truck that had slammed on his brakes to avoid hitting a turtle (happens all the time here). The politician's (I think he was a county commissioner)lawyer was supposed to prove negligence on the brake slammers part. The local animal rights group even offered to help him pay for a lawyer (to prove turtles have right too I suppose) , but he didn't need it. The judge told them to settle out of court because the commissioner was at fault. He should have maintained a safe distance from the car in front of him. Failure to do so constituted negligence and he (the judge) would instruct the defendant to counter sue for negligence if they did not settle out of court. But I digress. It is the obligation of the car behind you to maintain a safe distance for the speed of the road. End of subject.
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Sorry, I don't know.
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ONLY 2 WAYS FOR A CAR TO HIT YOU FROM BEHIND, 1. NOT PAYING ATTENTION. 2. FOLLOWING TOO CLOSE (TAILGATING). IF I WERE YOU I'D SUE THE ONE THAT HIT YOU FOR FULL DAMAGE, ATTORNEY FEES AND COURT COSTS. YOU'LL WIN.
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