Who's at fault here? (Accident video inside)

[reviewonlife]

Just curious what you guys think about the accident. Three vehicles were involved in the accident (including mine)
Thanks to Tesla's dashcam recordings, all three insurances agreed that the driver at fault was the white BMW who hit the blue BMW and then hit my right rear bumper. Thank God everyone had insurance and they're paying for my damages! No one was hurt!

Reason for at fault: Driving too close behind the blue BMW
The total cost of damages: $12k

 

[GooseSerbus]

Maybe I don't understand the rules of the road here, but what is the white Honda in front of you doing? They're trying to give way to the state police vehicle? Seems crazy dangerous to need to stop like that in the outside lane

 

[Adam3]

I agree white BMW was at fault. The cop had his lights on when he entered the median, but then turned them off. The Honda should have resumed normal speed and not come to a complete stop. White BMW might have still hit someone even if Honda and OP didn't come to a complete stop.

 

[corduroy]

Seems to me that white Honda caused the entire chain of events by stopping in the left lane.

 

[garu]

wtf was the Honda doing???

 

[Runt8]

I'd say the white BMW for sure, but the Honda in front of you was a moron for coming to a stop like that. The police car only had his rear lights on, there was no reason for him to stop.

 

[holmgang]

In order:

1. Police
2. White Honda
3. White BMW

 

[Nocturnal]

White BMW. The Honda was doing something dumb but most places state that it's always the person in the rear's duty to stop. He is an idiot though.

 

[CMoZ]

White BMW. But round here it would have been 50/50 fault assigned to both BMWs. You need to be able to expect the unexpected when driving. Even if you locked the brakes up they should have been leaving enough following distance to react appropriately.

 

[Msjulie]

What they said - the BMW that hit you is at fault though the guy who stopped WTF in front of you didn't help matters

 

[kbecks13]

This is why when people stop randomly in the middle of the road "to be nice" or to "let someone cross" it is INCREDIBLY dangerous!

Never do something unexpected when driving, even if you are trying to be a nice guy and let the cop enter the highway.

So technically the BMW is at fault, but man that guy in front of you is DUMB.

 

[acarney]

It's 100% the fault of that Honda in front, while he might not be liable insurance wise (because following cars should leave enough distance and pay attention enough to come to a stop when needed), but I do hope the cop pulled him over and ticketed him.

Past that it follows the same lines as it always does, the guy running into you is at fault. Follow distance should be enough to stop in cases like this.

Were you pulling around the Honda or trying to get out of traffic because you were worried you would be hit from behind?

 

[focher]

In California, fault would be clearly determined as the white BMW. Now, if the police vehicle had actually continued into the roadway and caused the chain reaction, there's probably a good basis for shared liability between the police department and the white BMW. You always have to be able to stop in California. Always. the best you can hope for is shared liability but you'll never escape it completely if you don't stop.

I'm not sure I agree that what the white Honda did was totally unreasonable. It's not clear what the police car's intention was, or even that it was a police car until getting pretty close. If you were driving and saw a car crossing the median like that, it doesn't seem unreasonable to stop until its intentions are clear.

 

[acarney]

This is why when people stop randomly in the middle of the road "to be nice" or to "let someone cross" it is INCREDIBLY dangerous!

Never do something unexpected when driving, even if you are trying to be a nice guy and let the cop enter the highway.

So technically the BMW is at fault, but man that guy in front of you is DUMB.

Yep, I always love the ones that stop in the middle of the road trying to

In California, fault would be clearly determined as the white BMW. Now, if the police vehicle had actually continued into the roadway and caused the chain reaction, there's probably a good basis for shared liability between the police department and the white BMW. You always have to be able to stop in California. Always. the best you can hope for is shared liability but you'll never escape it completely if you don't stop.

I'm not sure I agree that what the white Honda did was totally unreasonable. It's not clear what the police car's intention was, or even that it was a police car until getting pretty close. If you were driving and saw a car crossing the median like that, it doesn't seem unreasonable to stop until its intentions are clear.

Slow down a lot, yes, but he basically comes to a stop. If he had continued at like 30 mph that accident might not have happened.

 

[Big Dog]

if all of the insurers have agreed on the same 'fault' what is the point of this thread? (sorry, I just don't get the purpose of asking anonymous others if all three insurers are wrong.)

sorry to see your M3 damaged. Hopefully, you'll be back on the road soon.

 

[Fusion]

Ah! Didn't know Tesla cam records the rear also now.

 

[whatthe2]

In order:

1. Police
2. White Honda
3. White BMW

This couldn't be more wrong.

The Police car was obviously clearing another accident/stop as evidenced by the other Police car behind him. He had his rear overheads on and was in a space between highway lanes that is used for emergency vehicles.

The white Honda was SUPPOSED to slow down for an emergency vehicle on the shoulder and certainly shouldn't have stopped, but the driver behind a vehicle is required to leave enough space to stop safely behind the car in front of it.

The BMW is clearly at fault.

 

[whatthe2]

if all of the insurers have agreed on the same 'fault' what is the point of this thread? (sorry, I just don't get the purpose of asking anonymous others if all three insurers are wrong.)

sorry to see your M3 damaged. Hopefully, you'll be back on the road soon.

I think it's a good discussion and I'm glad the OP posted. As you can see, people have varying opinions, with some not knowing the rules of the road.

 

[holmgang]

This couldn't be more wrong.

The Police car was obviously clearing another accident/stop as evidenced by the other Police car behind him. He had his rear overheads on and was in a space between highway lanes that is used for emergency vehicles.

The white Honda was SUPPOSED to slow down for an emergency vehicle on the shoulder and certainly shouldn't have stopped, but the driver behind a vehicle is required to leave enough space to stop safely behind the car in front of it.

The BMW is clearly at fault.

Lighten up.

But also, if you ever drive around the Southwest, its quite common for state troopers to park in those gaps for "emergency vehicles" to perform speed trapping.

 

[Garlan Garner]

I agree white BMW was at fault. The cop had his lights on when he entered the median, but then turned them off. The Honda should have resumed normal speed and not come to a complete stop. White BMW might have still hit someone even if Honda and OP didn't come to a complete stop.

No matter what......if you hit someone in their rear......you are guilty.

Sure maybe a person shouldn't stop in the middle of the road....but if you hit them....then you are at fault.

That's the law.

So...…… The fault will be at whoever hit someone in the rear.