Liability for rear end collision

[e407]

What is the name of your state? CA

I rear ended a woman who suddenly stopped in the middle of free flowing traffic at a GREEN light. She was confused and thought she was in the left hand turn lane, and admits that she made a mistake. I even have a police incident report that names her as liable. Her insurance refuses to even look at the police report, and says it's my fault because I didn't notice in time to prevent an accident. That might be true, but shouldn't she be held at least partially liable? After all, she was stopped at a fricken green light! What can I do about this situation?

 

[ecmst12]

No. She is 0% at fault and you are 100% at fault. Why do people keep insisting that the MOST FUNDAMENTAL RULE of driving is somehow not absolute? Police reports can be wrong - yours definitely is. If someone stops suddenly, REGARDLESS OF THE REASON, and you rear end them, it is ALWAYS your fault. Next time, don't follow so close and you will be able to react in time if someone stops suddenly. Probably the easiest way for people to prevent accidents is to stop tailgating.

 

[Zigner]

I guess the easiest way for the OP to understand is to (hypothetically) change the facts of her situation just a tad...
Let's say that a small child had run (unnoticed by the OP) in front of the elderly lady's car. She stops suddenly, but you are following too close and hit her. How is it her fault?
Regardless of WHY she stopped, you are supposed to give yourself enough room.

Now, had the lady suddenly changed lanes in front of you and then slammed on her brakes, the story would be a bit different...but that's not the case here.

 

[roomservice]

ditto,ditto

 

[CdwJava]

What is the name of your state? CA

I rear ended a woman who suddenly stopped in the middle of free flowing traffic at a GREEN light. She was confused and thought she was in the left hand turn lane, and admits that she made a mistake. I even have a police incident report that names her as liable. Her insurance refuses to even look at the police report, and says it's my fault because I didn't notice in time to prevent an accident. That might be true, but shouldn't she be held at least partially liable? After all, she was stopped at a fricken green light! What can I do about this situation?

Whoever wrote the police report may need to go back to traffic collision investigation 101 (I can think of few circumstances where the stopping vehicle might be the party at fault) ... but, in any event, the insurance companies are NEVER bound by the police report. The state only established ONE party at fault - insurers can divide fault. Apparently yours has chosen not to.

- Carl