Woman says rear car may not be at fault in brake-check accident. This is what you should tell the police: ‘Difference between you paying and them paying’

A woman says rear-ending another car doesn't always mean you're automatically at fault, especially if the driver in front intentionally slammed on the brakes. She's revealing what you should tell the police to make sure you aren't found at fault.

Corrie (@claims.corrie) says drivers involved in a rear-end crash should pay close attention to what happened immediately before impact and how they describe it to responding officers afterward.

“Rear-ended someone after they slammed on their brakes? Watch this!” she wrote in the text overlay of a recent TikTok.

Corrie acknowledges that the driver in back usually gets blamed in a rear-end collision. But she claims the liability shifts if the other driver brake-checks them.

“Yes, the car in the back usually takes the blame, but if they brake-checked you, the story can be different,” she says.

The problem, Corrie says, is that once both cars are stopped, it may be hard to prove why the driver ahead hit the brakes in the first place.

“What you say to the officer really matters,” she says.

She recommends telling the responding officer this exactly: “They hit their brakes hard and there was nothing in front of them.” Corrie also advises drivers not to volunteer their speed or apologize for the crash, and to look around for nearby cameras that may have captured the incident.

If there are cameras, she recommends asking for the footage that day. Many surveillance system files are automatically deleted every 24 hours.

As of this writing, her video has over 6,000 views.

Is the rear driver always at fault?

Hitting the car in front of you doesn't always mean you'll be found at fault.

Legal self-help company Nolo notes that the driver who rear-ends another vehicle is usually found at least partially responsible because drivers are expected to leave enough distance to stop safely. However, FindLaw reports the lead driver can share fault in some situations, including when they intentionally brake-check the car behind them. It is also possible for the lead driver to be found entirely at fault if they cut off the car behind them.

As Corrie suggested, the hard part for affected drivers is proving what actually happened. Nolo says a driver accused of brake-checking may come up with an excuse — or even lie — to avoid taking total responsibility, making witnesses or video evidence especially valuable. It similarly recommends looking for nearby surveillance or doorbell cameras that may have captured the crash.

So Corrie's advice lines up with broader crash guidance. Nolo also recommends photographing “vehicle damage, skid marks, traffic signals, and area conditions.”

Her advice not to apologize also aligns with attorneys' guidance. FindLaw and Nolo both warn drivers against apologizing at the scene of the crash. They instruct them to restrict answers to direct responses to avoid anything being used against them when determining liability.

You should not lie to the police or mislead them. But you do not need to reveal the speed you were driving.

Debate focuses on tailgaters and proof

Many viewers weren't convinced Corrie's advice would get a rear driver off the hook.

“It is the following car's fault if you're too close to slow down in an emergency situation, like someone has to sign on their brakes, brake check or not,” one commenter argued.

“Bigger question is why are you following so close that you couldn't stop even if they did stomp on their brakes. That's called tailgating,” another echoed.

Others focused on the evidentiary problem.

“Hard to prove,” one person said.

“Proving a brake check is hard,” another added.

One viewer said the situation ultimately comes down to competing accounts.

“Driver 1 word against driver 2 word. Leo 99% driver 2 in fault. Prove me I'm wrong,” they commented.

Another person was even more categorical.

“You were following too closely. Period,” they wrote.

“Not following at a safe distance,” a like-minded commenter said.

“DO you mean YOU were not maintaining a safe distance behind the preceding vehicle?” another replied.

One viewer argued that a court would still hold the rear driver responsible.

“It's not true if it ever goes to court. A judge will always rule that if you rear-ended somebody, you were following too closely, so that makes it your fault,” they wrote.

Others questioned how a driver could confidently say there was nothing in front of the car ahead.

“How do you know there was nothing in front of them you were texting?” one commenter asked.

Subplot News has reached out to Corrie via TikTok direct message for additional comment.

@claims.corrie Think the driver in the back is ALWAYS at fault? Not necessarily! If someone brake-checks you, evidence and witness statements may matter. Get witness contact info, look for dashcams or nearby cameras, and ask for footage ASAP before it gets erased. #carcrash #CarAccidentTips #personalinjury #carinsurance #KnowYourRights ♬ original sound – Corrie

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