rear end accident is it my fault

[kurt77]

What is the name of your state? iowa

I was involved in accident on the highway where the car ahead of me hit some deer and slammed on her brakes. It was dark and I tryed to stop but I rear ended her. The driver is now taking me to court because she said it was my fault and wants me to pay for her damages. Does anyone know if it is all my fault or is it both of our faults. confused

 

[racer72]

You should only be liable for the damage you caused. Her reason for stopping is irrelivent.

 

[lwpat]

The accident should have been reported to the police and the accident report will list you as the at fault driver. You need to notify your insurance company and they are responsible for defending the suit. The issue will be how much damage occured from the deer and how much from you hitting her.

You will need to contact the attorney assigned by your insurance company and schedule a conference as soon as possible. Until you talk with him do not make any statements to anyone other than your own insurance carrier.