What to Do After Being Rear-Ended at an Intersection

Attorney Answer

A driver who runs into the back of your car at an intersection starts with the fault, and what happens next turns on two things: getting your injuries documented, and the calendar.

Cal. Veh. Code § 21703 provides: "The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway." Cal. Civ. Code § 1714(a) makes that driver responsible for an injury occasioned to another by a want of ordinary care in the management of his or her property or person. It is a strong position but not an automatic one. The usual answers to a rear-end claim are that the car in front stopped suddenly for no apparent reason, that a third vehicle pushed the following car forward in a chain collision, or that a lane change put the front car where it was — and an intersection invites the first and the third.

If any share of the blame were assigned to you, it would reduce your recovery in proportion rather than end it. California is a pure comparative fault state, and the California Supreme Court reaffirmed and applied that system in Daly v. General Motors Corp., 20 Cal. 3d 725 (1978): a claimant who bears part of the blame has the recovery cut by that share rather than taken away.

Cal. Civ. Code § 3333 measures what you can be paid: "For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not." That reaches treatment costs, lost earnings, and the repair or value of the car, together with related losses such as being without it.

The claim regulations set the pace on the insurance side. Under Cal. Code Regs. tit. 10, § 2695.5(e), an insurer has fifteen calendar days after notice of a claim to acknowledge it, provide the necessary forms and reasonable assistance, and begin any necessary investigation. Under § 2695.7(b) it has forty calendar days after proof of claim to accept or deny in whole or in part, and under § 2695.7(h) thirty calendar days after acceptance to tender payment. Section 2695.7(g) forbids a settlement offer that is unreasonably low, and § 2695.8(e)(1) means no insurer can require you to have the car repaired at a particular shop.

What you can do

1. See a doctor now if anything hurts at all, and describe every symptom. Neck and back symptoms from a rear-end impact commonly appear a day or more later, and an unexplained gap in treatment is the first thing an adjuster points at.

2. Get the traffic collision report number, and a copy of the report when it is released.

3. Photograph both vehicles, the damage and the intersection, and write down what you remember while it is fresh — the signal or sign sequence, the lane you were in, and any witnesses.

4. Report the claim to the other driver's insurer and to your own, and ask your own insurer for your declarations page so you know which coverages you carry.

5. Keep every bill, record and receipt, and a note of the work you missed.

6. Do not give a recorded statement about your injuries before you have been examined, and do not accept a payment described as final until you know what your treatment involves.

7. If an insurer misses the timelines above, file a complaint with the California Department of Insurance. Under Cal. Code Regs. tit. 10, § 2695.7(b)(3), a written denial has to tell you about that review right.

8. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for injury to a person runs under Cal. Code Civ. Proc. § 335.1, which allows two years, and a claim for damage to the vehicle under Cal. Code Civ. Proc. § 338(c)(1), which allows three. The injury period is the shorter of the two and the one people miss. When each began depends on your facts, so have a local attorney check the dates against your own file rather than working from a general rule.