TexasCHLforum.com

I remember this exact issue coming up years ago in CA. The default "rear-end collisions are simple to resolve" is not a reality, especially in light of todays nasty-drivers.

I hit the rear-end of a vehicle. The cops asked (on the phone) if there were any injuries. Told them no. They advised me that no one would be responding. Insurance company told me that it was my fault. I said, No. I told them that it was the result of an illegal lane change (the guy cut in front of me and jammed on his brakes). I went round and round with the Insurance Company and kept quoting the verbage from the CA Traffic Code regarding Illegal Lane Changes. In the end they agreed with me. Go figure.

What finally swayed them was the angle of the damage. If it had been a legitimate "rear-ender", there would have been damage across the rear of the bumper. But this guy had jammed into my lane from my right, and had a nice dent in the left rear-corner. I pointed out that a lane-change is not legal if there is not a safe-distance between you and the traffic that was in the lane you were trying to get into.

Moral: Never let the Insurance Companies make the decision for you.