Rear-ended at a dead stop and somehow *I'm* the one at fault?? Insurance is wild

Oh they absolutely do this on purpose. Throwing partial fault at you is a classic move — if they can get you to accept even 20% blame, they slash what they owe you. Do NOT give them any more recorded statements. Seriously, stop talking to them.

I used to work on the claims side and I'll be honest — "comparative negligence" is one of the first tools adjusters reach for when there's no police report. Without an official report documenting the scene, they figure they can introduce doubt. It's not right, but it's very common. The good news: witness statements, photos of where your car was sitting, even dashcam footage from nearby businesses can fill in that gap. Start hunting for anything that puts you in that turn lane waiting on a light.

Not legal advice, but rear-end collisions carry a strong presumption of fault against the driver who did the hitting in most states — the logic being that a following driver is responsible for maintaining a safe stopping distance. The "abrupt stop" defense is real but it's a high bar to prove, especially in a dedicated turn lane where you'd have zero reason to stop suddenly other than waiting for a signal. The lack of a police report hurts, but it's not a death sentence for your claim. Worth at least a free consult with a PI attorney.

Please don't brush off that neck and back soreness. Symptoms from whiplash-type injuries can feel mild at first and then get significantly worse over the next few weeks as inflammation sets in. Keep every single appointment, follow your doctor's recommendations to the letter, and document everything — dates, what you felt, what the doctor said. That paper trail matters a lot if this goes further.

This just sounds so stressful on top of already dealing with the physical stuff. I'm sorry you're going through this. The fact that the other driver basically admitted his brakes were broken has to count for something, right? I really hope you get this sorted out.

Did you get the other driver's admission about the brakes in writing at the scene, or is it just your word against his now? And were there any other cars around who saw what happened? Not doubting you at all — just thinking about what you actually have to work with here.