Who is at fault for the accident? Whose insurance company pays?

Q: I was involved in a car accident where it was snowing badly. I was traveling around 35 on the Parkway but it was a white out. I spun out. I was on the side of the rode. Another car came along and rear-ended me. He knocked me into the guard rail and caused extensive damage to my car. The police were called, and he received a citation. My car had to be towed away. Is he responsible because he rear-ended me while I’m already off to the side of the road or am I at fault because I pulled over to the side in a white out? (Forest Hills, PA)

A: Generally, the person who hits someone from behind is at fault. If you were pulled off the road completely at a safe distance from the road way, that also puts more fault on him. You need to report this to your insurance company. Their attorney will advise you. The other driver’s insurance company may or may not offer to pay full damages. They may offer to pay 50% or 75% of the damages due to the weather conditions. Additionally, the other driver may have another version of what happened. It is hard to tell how it will settle. More information would need to be known to give you a thorough answer, but the case will probably settle.