It depends on the state, jurisdiction, and sometimes even the insurance company; however, in many cases, the vehicle from behind is At Fault.
Most traffic investigators (whether they be law enforcement or with the insurance) agree that the second vehicle (or the vehicle from behind) is delegated the responsibility of following from a reasonable distance.
If the second vehicle is not capable of stopping in time, it's generally because they were following too close to the vehicle in front of them.
In the UK it is the fault of the driver behind Same here in the USA
In the UK it is the fault of the driver behind Same here in the USA
Assuming that the at-fault driver maintained it at the time of the collision, his/her auto liability coverage would be triggered.
Fault is determined by who committed a driving infraction, not who has insurance. If you have no collision insurance, you are responsible for the damages to your own vehicle unless another driver is determined to be at fault.
The driver at fault is liable for the collision, regardless of the other driver's actions post-collision. The fleeing driver may later be brought up on Hit and Run or Leaving the Scene of an Accident charges, but that will not change the at fault liability.
If the police report says the other driver was at fault, try to recover from his or her insurance company. If you don't have collision coverage, you can't collect from your insurance company.
if you have collision coverage file under that then your company will subrogate the uninsured driver...if no collision coverage you can file a state report, and/or small claims action.....
Generally, the person that was changing lanes would be at fault. It would be hard to find fault in the other driver if they were stationary in their lane.
In almost every case of a rear end collision, it is the fault of the car behind. The law in all states implies that the driver of a vehicle should always be in control. The assumption is, that rearend collision can be avoided if the driver had been paying attention and not following too close.
The fact driver B left the scene does not change that driver A is at fault (there are exceptions to driver A being at fault)Additional: While Driver A may have been the striking vehicle, Driver B MAY be at fault for "Changing Lanes Without Caution." Regardless of the circumstances of the collision itself, Driver B can be charged with "Leaving the Scene of an Accident."
both a and b (i think...)
Both drivers failed to maintain proper control of their vehicles. Driver A lost control. Driver B failed to avoid the collision.