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QuestionInsurance Question  I hit the other car in Boston, Massachusetts. The other car started to go after the traffic light changed from red to green. But he stopped so suddenly I can't avoid the accident and hit the rear bumper of that car. Which percentage of fault should I charge? If the damage on both cars are X and Y (X: other car, Y : my car), how much is my responsibility?

AnswerAuto Insurance Answer

Likely you will be charged with 100 percent of the fault in this accident since you rear-ended the car in front of you. Normally the driver that hits the rear of another car is found totally at fault for not leaving enough stopping room or distance. While one might expect a person not to start and then stop at a green light there could be many reasons why one needs to stop suddenly, such as a pedestrian is in the way, an emergency vehicle is going through the light; the car in front of them does go due to mechanical issues, etc. So drivers are required to keep enough stopping distance and keep proper lookout so not to hit the vehicle in front of them.

According to the Massachusetts' standards of fault (211 CMR 74.00), the operator of a vehicle subject to the Safe Driver Insurance Plan (SDIP) shall be presumed to be more than 50% at fault when operating a vehicle which is in collision with the rear section of another vehicle. So unless the police found the person that stopped suddenly in front of you to be at fault in any way then you will normally be found the at fault driver in this situation and found liable by the insurance companies involved.

You can contact your insurance company’s claims adjuster to find out what percentage of fault you are being charged with since they will speak to both you and the other driver as part of their investigation into the accident and related claims. You can also contact the MA Division of Insurance to find out more about the SDIP and standards of fault.

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