I was rear-ended by another driver. Doesn’t that mean the other driver’s insurance will have to just pay up?


Even when liability is clear insurance companies often look for ways to resist claims. They may question how badly you were insured. They quite often question the amount of treatment, or how much your medical provider charged you for their services–even if you were simply faithfully following medical advice.

Generally a following driver is disfavored under the law. If, however, there was a sudden emergency, the following driver may be relieved of some or all of their responsibility for the injury. Also, the other driver’s insurance may claim you are to blame in whole or in part. The other driver may claim you cut them off, for instance.

Someone was is injured in a rear-end auto accident usually has a strong argument the following driver was at fault. Sometimes that may not be clear. Even if fault is clear in a rear-end accident, the insurance company may resist paying a fair settlement amount.

It is always best to seek a free personal injury case evaluation early.


About Travis Eller

Personal injury attorney Travis Scott Eller has represented injury victims since 1997. He is a member of MENSA and has earned the National Institute for Trial Advocacy "Advocate" designation. Independent attorney rating service Avvo rates Mr. Eller a "Superb" 9.3/10. Mr. Eller enjoys history, spectator sports, and skiiing. He is active in Toastmasters. Travis is married, and the proud father of two teenage sons.