LOL @ "insurance scam" ... sorry bu that's not an insurance scam. You rear ended someone, it's your fault, end of story.
dude, c'mon...
You're telling me if someone cuts you off and they slam on the brakes causing you to hit them it means it's your fault? It's my fault for what, being in that lane at that time?
It can't be following too close because the car length you had as a safety cushion between you and the driver in front of you is now taken by another driver(illegally of course) That's reckless driving on their part.
I don't mean to come off like an ass, but it was clearly not my fault to those who saw the WHOLE situation unfold. It's simply my fault to the insurance because of the result, it's a frontal hit on my part to them.
And I did in fact find a video. There was a 7-11 across the street that has a camera overlooking the parking lot, they have the whole thing on video. He cut across two lanes with no signal. Once I show this to the authorities he will be the one at fault. I will counter sue for damages also. I already have my lawyer forming the case. Were also trying to contact the driver of the vehicle in the other lane which he split across as a witness. It was a werner enterprises truck so I doubt we'll get their cooperation...
But yes, no matter what happens, if you can't prove anything it's ALWAYS your fault in a rear end collision. There will only be question if the hit is not head on, but in the corner of the bumper.
So all in all, he drove across two lanes, with no signal. Was following too close. and clearly has no injuries because you can see him walking around and then get back into the vehicle as soon as he heard the EMT sirens. Cour of law cannot take my word for that, but a timestamped video is applicable evidence. I can maybe sue for insurance fraud too(for the injuries he's faking).