Who's fault is it if you get rear ended by another vehicle?

My sister was unfortunately rear ended by this maniac. She was on the right lane going the limit 60 km/hr then she had to slow down a little because another car had just made the lane change into her lane then she pressed her brakes lightly then the Civic behind her hit her car no one was hurt and minor damage was... show more My sister was unfortunately rear ended by this maniac. She was on the right lane going the limit 60 km/hr then she had to slow down a little because another car had just made the lane change into her lane then she pressed her brakes lightly then the Civic behind her hit her car no one was hurt and minor damage was done.

Now the guy is trying to say its her fault for brake checking, but her insurance company is saying that he should not have been following closely. He was making up something about her driving slow but the insurance company representative was like "I hope you're smarter when you drive next time because tailgating someone is not smart. Safety first remember"?

I guess it was his fault? Regardless if my sister blocking the lane or driving slow he should have used common sense and kept his distance.


Even then people on Y/A tell me "you should not be driving slow" well what if I have kids in the back? Do you think they would feel comfy going super fast? What if I am driving on a spare tire? I'm sure speeding with a spare is REALLY SAFE.....
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