1. Daughter rear ended someone on the interstate when they slammed on their brakes in front of her. It sounds a LOT like that other driver was TRYING to get hit. How do I prove it? Will it make a difference or is the insurance company going to just do what it does anyway?

2. Insurance company says that whoever is at the back in accidents like this is liable automatically. Does that sound fishy to anyone else? I mean are there NO circumstances where the idiot who slams on the brakes on a interstate for no apparent reason is at fault?

3. Why do insurance companies total cars that seemingly would be easier and cheaper to fix? My daughters car wasn't severely damaged at all, still drives, headlights still work, radiator intact. The condenser and grill were all that was damaged it seems. Yet they are talking about totaling it. Why does it seem like if a car is paid off, like hers, that they total it no matter what? Seems like repair would cost less than totaling it. (Not looking forward to getting into another %^$# loan lol) FYI: Car is a 2016 Ford Focus -80k miles

4. Insurance company says that the accident is being treated as a "no-fault" incident, yet we (our insurance) are responsible to pay for the repairs for the joker who brake checked my daughter? If it is "no-fault" shouldn't each drivers insurance pay for their own? Why are we liable for the other guy?

I tested positive for COVID so my wife has handled this so far (quarantined, and could barely speak) and I didn't get a chance to ask the agent any questions. If anyone has any insights I trust strangers with no dog in the fight over insurance agents anyway.

was she given a ticket?

are there any dot cameras on that stretch that may show it?

if it won't affect her rates too much I would let them total the car then buy it back for scrap price, fix it and run it till the wheels fall off.

unless she has a good witness or video that it was on purpose I would play the game this time, being sued for a false injury could be next.

This is why people need dash cams.

I've always been told the person that hits from behind is the one at fault. I slammed into someone when I was 17. They slammed their brakes as soon as the light went from green to yellow...I pushed them through the intersection and my insurance paid for their car.

I was told by my insurance back in 2013 that if the damage is 60% of the value, or if the airbags go off, it'll be totaled. Not sure what a 2016 Focus is going for right now, but the value of the car might not be enough...

One is supposed to follow at a safe distance. A safe distance means being able to stop your car should the person in front slam on their brakes. Ask your self this question.why would someone brake check someone else unless they were following too close. Just sayin…

Went through this similar type situation earlier this year.

Your probably just gonna have to accept it as Daughter's fault regarding insurance. Yes , she rear-ended someone, her fault.
You don't mention her being ticketed, if she wasn't then she's lucky. Insurance treating it as "no fault" is another break.
I'm in the auto finance business, Yes insurance companies are quicker to total for what may seem as minimal damage. Ask adjuster about "Owner retain" amount.

This allows you to keep and fix the car but with a reduced amount of money from insurance as opposed the vehicle valuation as a total loss.
It might be helpful to get an estimate on what you perceive as "needing fixed".

Good luck

Brake-checking this day and age just might get you shot.

No fault simply means they will not increase your premiums. Sounds like your agent did a good job. Normally they increase premiums for three years after a at fault claim paid. I’m no one to talk but everyone should have a camera going at all times.

Doesn't matter if they slammed on the brakes. She is at fault period. She didn't keep enough distance to stop.

This is my thought. A safe distance would mean she could have stopped

Did the Insurance Adjuster thing for USAA for a bit. The person following is normally blamed, but we were always looking to share blame when it was right to do so. Without know the details, speed, distance following, road conditions, light conditions, speed, etc., it really hard to tell if there can be shared fault. Typically though, if the person in front could stop, and if your daughter was traveling at safe distance and speed, then she would have been able to stop. The one rear-ender that I got shared blame for our client was when the lead car had faulty brakes before the wreck. So there are cases, but they are rare.

Neighbor's wife rear ended a F350 in her Prius. Totalled the Prius but hardly a scratch on the F350. The F350 owner hired a lawyer and they are claiming injuries. The lawsuit has been going on for over 2 years. If it was me I would be happy if they totalled the Focus.

If a vehicle passes you in another lane then cuts in front of you, into your lane, only to slam on their breaks.. and not give you room to stop, seems like the other vehicle would be at fault. You weren't tailgating... otherwise I think the person in rear is at fault.

Insurance fraud is what I was trying to get at. I see dashcam videos on You Tube and the like where its obvious the guy in front is doing the brake check out of anger or with intent. I guess i need dashcam footage ot prove it.


...Thanks for your insights, sounds like we did pretty good after all. She has a job now and almost a degree, so my daughter gets the fun of buying her first car on her own this time.

I was taught that “safe distance” is 1 car length for every 10mph.

This is why I run a dash cam in all of my vehicles now. Maintaining a safe distance is one thing but when someone intentionally cuts in front of you then slams on their brakes, it's really no fault of the driver who was cut off. I've had people try this on me before, so far unsuccessfully but you never know. Get a dash cam!