This is my first accident, and I’m really confused. It happened on a downhill with a three-car pileup right in front of me. The Tesla ahead didn’t even try to slow down; it just stopped in an instant. The driver told the cop that his car braked on its own, just barely missing the pileup. I ended up hitting him.
Now, my insurance is saying I’m at fault, but the police report doesn’t point fingers either way. It’s been around 3-4 weeks since then, and now the Tesla owner’s insurance is calling me. They left a voicemail. Am I supposed to call them back?
Since you rear-ended the Tesla, you’re likely at fault. Following distance is key, and it’s your job to stop in time even if the car ahead brakes suddenly.
It sounds like the Tesla driver tried to file a claim with your insurance, which they can do. But if you ignored it, your insurance might have denied the claim, which pushed them to file with their own insurance instead. If you keep ignoring their calls, they’ll fix their car and then their insurance will come after you to get their money back. Ignoring them won’t make this go away; if needed, they’ll sue to recover costs, and your insurance will have to get involved.
@Zan
What exactly is a third-party claim? I filed a claim right after the accident, but it seems like the call is from the Tesla driver’s insurance. My insurance said they’d handle it, so do I really need to call back?
@Aubrey
A third-party claim is when someone files a claim with the other driver’s insurance, in this case, the Tesla driver filing with yours. Filing with their own insurance would be a first-party claim.
Start by confirming with your insurance which company is handling the claim. That should give you a better idea of what to do next.
It’s usually your fault if you rear-end someone. The other driver probably filed with their insurance, and now they’re trying to get your side of the story so they can get reimbursed. Cops don’t usually assign fault but might issue tickets if they think someone was following too closely or driving unsafely.
It’s rough, but yeah, if you hit the car ahead of you, it’s considered your fault. Maybe you could let your insurance know that the Tesla’s insurance contacted you?
Jody said:
It’s rough, but yeah, if you hit the car ahead of you, it’s considered your fault. Maybe you could let your insurance know that the Tesla’s insurance contacted you?
Yeah, I had a feeling I’d be considered at fault. Should I just tell my insurance that the other party tried to contact me?
It’s on you, honestly. Brake lights or not, it’s your responsibility to keep enough distance. Teslas can slow down without applying traditional brakes, plus their systems are designed to help avoid crashes. If your car can’t stop as quickly, you’ve got to follow further back.
The cops don’t decide who’s at fault for insurance. Rear-ending the Tesla because he didn’t brake when you thought he should… yeah, that’s on you. You don’t have to talk to the other insurance; just stick with your own, and they’ll handle what you owe on the Tesla.
Your insurance will want to know both sides, just like the other insurance company does. They’ll likely reach out to the other driver to get their version too.