Rear ended. I got “at fault” and she got a DUI
Location: Atlanta, Ga
I was recently involved in an accident and need some perspective on how insurance companies handle split fault when a DUI is involved. Yes, I’ve already reached out to a lawyer, but I’m looking for some anecdotal experiences.
The Incident:
I was merging from the left lane to the right lane. While I was merging, the car behind me accelerated (I can't prove this, but I know she did). Right after the merge, the traffic light ahead abruptly turned red, so I had to brake hard. The driver behind me failed to stop and rear-ended the rear-right side of my vehicle.
The Police Outcome:
The responding officer reviewed a nearby camera and ended up citing me for an improper lane change. However, the driver who hit me was arrested at the scene and ultimately charged with a DUI along with a few other charges. I strongly believe her impairment caused her to make the wrong inputs (accelerating, missing the yellow/red light change, and failing to react in time).
I’ve already reached out to a lawyer, but I’m looking for some anecdotal experiences and insight on two things:
- Insurance Repairs & Rates: My insurance offered to pay for my repairs upfront while they conduct their investigation. Will my rates spike just because they are paying out right now? Also, it was a minor fender bender, but I had child car seats in the vehicle. Should I report the car seats to insurance, or try to keep the claim as "cheap" as possible?
- DUI vs. Citation Fault: Can the other driver still be determined 100% at fault by the insurance companies because of the DUI, despite my improper lane change ticket? Will her insurance end up paying for my repairs?
Thanks in advance for any insights.
Posted Jul 6, 2026, 1:15 PM UTC