I hit an older lady’s car from behind when she suddenly braked, even though the car in front of her had enough space to merge. I recorded our conversation, where I asked why she braked out of nowhere. She said it was because the other cars weren’t letting the merging car in. I’ve heard that people in my position (rear-ending) are usually seen as 100% at fault, so is 51% a good outcome? The accident only caused a small scratch and a thin dent on her car, about 8 inches long.
Who said you were 51% at fault? Was it your insurance or hers?
Chen said:
Who said you were 51% at fault? Was it your insurance or hers?
It was my insurance.
Chen said:
Who said you were 51% at fault? Was it your insurance or hers?
It was my insurance.
Be ready for her insurance to claim you’re 100% at fault. This might go to arbitration, and you could lose.
@Chen
Is there anything I can do on my end? Or do I just have to wait and see what happens?
Lin said:
@Chen
Is there anything I can do on my end? Or do I just have to wait and see what happens?
Unless you have a dash cam, it’s pretty much a wait-and-see situation. In California, if you’re more than 50% at fault, your insurance might increase when your policy renews.
@Chen
I received a letter from AAA saying ‘You may request reconsideration of this determination of fault within 30 days.’ They asked for any details that could affect the decision.
Lin said:
@Chen
I received a letter from AAA saying ‘You may request reconsideration of this determination of fault within 30 days.’ They asked for any details that could affect the decision.
That letter is called the Prop 103 letter in California. It’s sent out when your insurance company finds you more than 50% responsible for an accident.
Chen said:
Who said you were 51% at fault? Was it your insurance or hers?
It was my insurance.
my insurance.
Yeah, that won’t hold up, and now I understand why you’re 51% at fault. If she has collision insurance, they’ll go after your insurance for 100%. It’s pretty clear you’re mostly at fault, and I bet you’re insured with USAA.
It seems like they think you’re more at fault, so I wouldn’t consider that a good thing.
What state are you in?
Marley said:
What state are you in?
California.
Marley said:
What state are you in?
California.
If you’re only 51% at fault in California, you’re still considered the majority at fault. Your rates will probably go up when your policy renews in six months.
Marley said:
What state are you in?
California.
No, it’s not good. In California, being 51% or more at fault affects your good driver status and can lead to higher rates.
@Marley
Thanks, I had no idea.
Being 51% at fault still means you’re mostly responsible. If she has collision coverage, her insurance will likely come after you.