Got rear ended

R

RockThis52

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Got rear ended on the 401 on Thursday night while in my car. Traffic was stopped and the guy came flying.

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I hit the car in front me also from the impact. Hit my face on the steering wheel and had to get 2 stiches because of it.

I called insurance and they got me a rental car the next day, but what happens now? The car is at a lot until Monday when it's going to ideal Honda. When I went to sign the release form at the first lot, the guy told me it's most likely a write off because the frame is completely damaged on the rear.

It's a lease, so I'm guessing if it's a write off, they'll cut a cheque to Honda financial and I'm off the hook for making lease payments?

Also, I know insurance fault determination is different than police but I asked the cop right on scene, who's fault is this, and he responded with "definitely the guy in the back". Right now I'm kind of afraid my insurance premium will rise.

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Right now I'm still pretty rattled at the whole thing. Emotional pain way worse than physical for me right now lol
 
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Be very careful with your words when asked what happened.
Be very specific of whether you were in motion or not as it will determine if you get hit with a 50% fault (which would raise rates).

That being said, your physical pain will likely set in soon. I felt back/neck pain 2 days after an accident.

9. (1) This section applies with respect to an incident involving three or more automobiles that are travelling in the same direction and in the same lane (a “chain reaction”). R.R.O. 1990, Reg. 668, s. 9 (1).(2) The degree of fault for each collision between two automobiles involved in the chain reaction is determined without reference to any related collisions involving either of the automobiles and another automobile. R.R.O. 1990, Reg. 668, s. 9 (2).
(3) If all automobiles involved in the incident are in motion and automobile “A” is the leading vehicle, automobile “B” is second and automobile “C” is the third vehicle,
(a) in the collision between automobiles “A” and “B”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 50 per cent at fault for the incident;
(b) in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 per cent at fault for the incident.
Diagram​
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Text alternative: Diagram containing a multiple collision involving 3 vehicles traveling in the same direction, in the same lane. Automobile “A” is in the front and has been struck in the rear by the front of automobile “B”. Automobile “B” has been struck in the rear by the front of automobile “C”. An arrow to the rear of automobile “A” has the text “0 %”. An arrow to the front of automobile “B” has the text “50 %”. An arrow to the rear of automobile “B” has the text “0 %”. An arrow to the front of automobile “C” has the text “100 %”. This text alternative is provided for convenience only and does not form part of the official law.
R.R.O. 1990, Reg. 668, s. 9 (3).​
(4) If only automobile “C” is in motion when the incident occurs,
(a) in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and
(b) in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 per cent at fault for the incident.
Diagram​
image008.png
Text alternative: Diagram containing a multiple collision involving 3 vehicles traveling in the same direction, in the same lane. Automobile “A” is in the front and has been struck in the rear by the front of automobile “B”. Automobile “B” has been struck in the rear by the front of automobile “C”. An arrow to the rear of automobile “A” has the text “0 %”. An arrow to the front of automobile “B” has the text “0 %”. An arrow to the rear of automobile “B” has the text “0 %”. An arrow to the front of automobile “C” has the text “100 %”. This text alternative is provided for convenience only and does not form part of the official law.
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Unbelievable Imo how you can get hit with 50% if you're rear ended (unless you brake check)

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RockThis52 said:
Really? What could I have done to avoid hitting the car in front?
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could have left more space in between you and car in front.

Im not saying it's the case but the insurance can say that. However if traffic was stopped and everyone else was also, then IMO the fault is 100% on the car that hit you. Just ensure that you state you were standing still in traffic.
 
Issue would be whether you hit the guy in front or were pushed into him.
 
I'm curious how you ended up hitting the steering wheel... Assuming car hits you from behind and your body pushed back in your seat, head to headrest, then the subsequent collision with the car in front where you are whiplashed forward. Seatbelts didn't tension or not being worn? Air bag did not deploy?
 
Baggsy said:
Issue would be whether you hit the guy in front or were pushed into him.
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Logic would say if OP was fully stopped when he was hit from behind he was pushed. Logic would also say no- fault is going to be changed.

If he had hit or was going to hit the car in front when he was tail-ended what insurer benefits from the difference? I suppose the third car insurer would benefit if some of the blame could be shifted to the OP.

Reminder to self: Get dash cam.
 
FLSTC said:
I'm curious how you ended up hitting the steering wheel... Assuming car hits you from behind and your body pushed back in your seat, head to headrest, then the subsequent collision with the car in front where you are whiplashed forward. Seatbelts didn't tension or not being worn? Air bag did not deploy?
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Airbag didn't deploy and seat belt didn't tension.

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The secondary impact wasn't severe enough to require air bag deployment or seat belt pretensioning. That is by design, because air bags and seat belt pretensioners can only work once. If you imagine a collision in which there is a minor frontal impact followed by a big one ... it's better to save up that one use for when it is really needed.

In explaining what happened in the collision ... you were stopped behind the vehicle in front, then you were struck from behind and pushed into the vehicle in front.

The car will be a writeoff, there is obviously major damage to the unibody. Insurance will sort out what happens with your lease and the question is best asked to your insurance company and your dealer. There will be a fairly short limit to the amount of time that the insurance company will pay for a rental car ... be prepared to get another vehicle pretty quickly after they officially declare your car to be written off.
 
Wow. I hope you are OK an no long term effects. I installed front and rear dashcam for this reason, nobody pays attention anymore. You shouldn't be at fault and you won't see a raise in your premium. I didn't for a rear end collision.
 
Brian P said:
There will be a fairly short limit to the amount of time that the insurance company will pay for a rental car ... be prepared to get another vehicle pretty quickly after they officially declare your car to be written off.
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Unless I'm found partially at fault at which point I won't be able to afford insurance... And public transit it is for the next 3 years


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Hence...you were stopped, then struck from behind and pushed into the car in front. Right?

(I had this happen to me a couple of years ago but your hit was a lot worse. Be prepared for neck injuries down the road, don't be in a big rush to sign things stating you weren't injured or anything of the sort)
 
RockThis52 said:
Unless I'm found partially at fault
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Listen to what the people above have been telling you. You tell your insurance company the traffic ahead of you was at a complete stop. You were at a complete stop. The impact of the car hitting you from behind forced you into the car in front of you. You had the brakes on the entire time. Use that exact wording. 100% not at fault.
 
RockThis52 said:
Unless I'm found partially at fault at which point I won't be able to afford insurance... And public transit it is for the next 3 years


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You are at fault for the damage you did to the car in front of you. The entire accident could have been avoided by keeping a safe distance. While you were apparently better than the idiot behind you, you were still tailgating under the law. It's the most common of accidents and all because people are impatient.
 
Roadghost said:
You are at fault for the damage you did to the car in front of you. The entire accident could have been avoided by keeping a safe distance. While you were apparently better than the idiot behind you, you were still tailgating under the law. It's the most common of accidents and all because people are impatient.
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Do you know the speed of the car that hit him? I'd like to run some calculations. Thanks in advance.
 
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Roadghost said:
You are at fault for the damage you did to the car in front of you. The entire accident could have been avoided by keeping a safe distance. While you were apparently better than the idiot behind you, you were still tailgating under the law. It's the most common of accidents and all because people are impatient.
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Unless he and traffic in front of him were both stopped (as it seems from what he said.) It doesn't matter how far back you're stopped with brakes on, there's a speed someone can hit you at that'll send you into the vehicle in front of you. Kinetic energy is real.
 
FullMotoJacket said:
Listen to what the people above have been telling you. You tell your insurance company the traffic ahead of you was at a complete stop. You were at a complete stop. The impact of the car hitting you from behind forced you into the car in front of you. You had the brakes on the entire time. Use that exact wording. 100% not at fault.
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This.

Sabex said:
Unless he and traffic in front of him were both stopped (as it seems from what he said.) It doesn't matter how far back you're stopped with brakes on, there's a speed someone can hit you at that'll send you into the vehicle in front of you. Kinetic energy is real.
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Multiplied by this.

Stress to your insurance company that you were BOTH STOPPED. This is the key. You will not be held responsible for any percentage of your front end damage at all if you make this clear.

Common Scenario: Multiple Car Rear-End Collision

An accident in which one car is struck from behind by another as they are all traveling, and that car is pushed into the car in front is a fairly common occurrence, especially in the winter when roads are slick. These accidents can involve three or more cars in a chain reaction. Many drivers believe that if their vehicle was struck, thus causing them to strike another vehicle, that they hold no fault.
Who Is At Fault: In this scenario, the majority of the fault falls on the first driver who started the domino effect of the accident. However, every other driver who struck the car in front of them will also hold some fault in the accident. In a three-car pileup where all three vehicles were in motion at the time of the accident, the driver at the rear may be held 100% at fault by his or her insurance company. In the second collision, the car that struck the lead car may hold 50% of the fault. There are two separate fault determinations made, for the two collisions. It’s important to note that if the two front cars are stopped at the time of impact, only the rear car will face fault. In all cases the car at the front of the line has no fault in the accident.
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It's very evident by the amount of damage to the front of the offenders car (& the back of your car) vs the very tiny amount of damage to the front of your car (where you were forced into the car in front) that you were pushed there from a high speed rear end collision that the other person caused, and yes, you were pushed into the car in front of you from a stop as you clearly disclose here, and will make very clear to your insurance company as well.

You are free and clear. Get ready to go car shopping. :)
 
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Related, get to your doctor and document any and all pain and medical issues as a result of the accident. Do it ASAP, without fail, and see him regularly until you are 100% again. If you are sore today but don't think you can get in to see your family doctor for a few days, go to a walk in medical clinic today and be seen, and get documentation of such.

Insurance companies are famous for sometimes trying to shirk medical expenses if you don't maintain continuity of care from day 1.

Not all insurance companies (There are good ones), but I'm a firm believer in CYA.
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