How to prove innocent in a 3 car accident when I'm driving the middle car?
So I was slowing down and about to make a complete stop at a red light and got hit by the car behind me, and I got pushed toward the car in front. I did yield a safe distance with the car in front but since I wasn't really at a full stop, my car still had the inertia to go further toward. All cars have very minor damages.
My car is old and full of scratches, I am perfectly fine and don't want to seek any claim against the car behind me. The guy behind admitted his fault and willing to pay for damage to the car in front.
The problem is, this lady in front hired an attorney and claimed that I hit her twice. The event is like I hit her first, then the guy behind hit me and pushed my car toward and I hit her again. This is totally bs. The attorney even calls me if I'm interested in having them as my attorney but I again said I am not liable and do not want to seek for any damage whatsoever. But I feel like they're trying to make it my fault too and to claim my own insurance.
I have all the pictures of the incident but I don't know where this will be going. How do I prove I am innocent? Please help
Thanks in advance
- car253Lv 72 months ago
Amazing. Almost everyone had a wrong answer. Should have posted this in the insurance category. Question #1, do you have collision coverage? If yes, then let your auto insurance company fix you car. And, do NOT speak with the attorney that called you. The attorney should only be speaking with your auto insurance company, not you. Let them know that. The person that rear ended you is responsible for the entire accident and the damages to your car and the car in front of you. Feeling one bump or two bumps is a scam that attorneys and insurance companies use to get out of paying their claims. Don't fall for it. Do NOT speak to any attorney or claim adjustors EXCEPT your own.
You do not need to prove your innocent. Your insurance company will do that. That is what you pay them for. You do nothing. Don't speak to anyone except your claim rep.Source(s): Insurance agent. I see this happen all the time.
- Blue Skies.Lv 72 months ago
Your going to be found 40% wrong in this accident. Reason
being. You were there. You can count on this being correct.
I Have a neighbor who was in a exact similar situation.
He was after two years of court actions found 40 percent
wrong for the wreck hitting the car ahead of him.
- The Football GodLv 72 months ago
That's why we have insurance. The truth is your car hit hers. Everyone gets named in a suit like this. Once settled, your insurance company will go after the guy that hit you and his insurance company. The time, energy and effort will be wasted and in the end, only the lawyers make money.
Trust me, I'm involved in a hit and run with a guy on a suspended license, no insurance driving a car he didn't own. And I'm having to file a claim on my own policy for uninsured motorist. Yes, my insurance company is fighting me tooth and nail, jumping through hoops and bringing up another rear end collision from 1987 and asking if injuries were from that previous accident.
This is no longer about being nice and doing what's right. Once a lawyer and insurance company gets involved it's about covering your butt
- Jimmy CLv 72 months ago
If it makes you feel any better, in a situation like this the lawyer sues everyone involved, and basically anyone in sight, in case any possible driver is overlooked.
The solution is to have a dashcam running at all times. It would show the sequence of impacts. That is why I have one.
If you have insurance your company should hire a lawyer to represent you. I do not understand american insurance but that is how it would work in other places.
Possibly if the attorney is offering to represent you as well, he understands what happened so will blame the driver at the back. It is worth at least talking to him.
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- USAFisnumber1Lv 72 months ago
Ask the driver in front how many bumps did he feel? How hard were they? If you were just about to stop and hit him he would have felt one small bump then one BIG bump when the car hit you in the rear, passing that bump onto the car in front. On the other hand if he just felt ONE bump that means you did not hit him until the car behind you hit you transmitting that crash thru your car to the one in front. You might advertise for witnesses or someone may have a dash camera of the incident. But the real clue is the driver in front probably already filled out an accident report and if he said in that report he felt ONE bump then he is testifying in your favor and his claim against you should be invalid.
- Anonymous2 months ago
I see this scenario all the time. Witnesses are important. She is arguing you hit her and that sudden stop caused the driver behind you to you. You are arguing you were "about" to make a complete stop and got hit in the rear.
There is NO LEGAL CHOICE but to claim against (and possibly sue) ALL of the parties. That's how insurance claims and the law work. The insurance companies, in theory, examine the damage, speak to the parties, speak to witnesses, they decide who is what percent at fault.
You don't prove you are innocent. You PROVE you are not responsible. What did the damage to your car and her car indicate? If it's a "double hit" it should be VERY obvious. Also, the damage to your car indicates how hard you were hit, whether that hit would have propelled you forward into the car ahead of you.
Again, I see this on a regular basis.Source(s): claims adjuster
- A.J.Lv 72 months ago
You have something working against you. Cars standing still are given a presumption of not at fault unless special circumstances can prove otherwise. Cars in motion are typically partially responsible unless proven otherwise. In your case, if the front car was sitting still, your driving plan is to stop a reasonable distance behind him/him to allow for possible events. The hit from behind clearly gives that driver most of the fault. If your car was hit hard enough that a defensive driver would still ram into a stopped car, then you are not at fault.
Any of - brakes or tires worn, your stopping plan flawed as too close, your reaction time in adding more brake pedal force, can each assign some liability to you.
Once the front car puts blame on you, you now have to blame shift it to the car behind you and circumstances and testimony and any witnesses or evidence counts.
When you own and drive a car, accidents will happen. Injury accidents are the ones to be very concerned about. Accidents you are involved in over a certain value, by state laws in the USA, have to be reported to insurance agencies. A police report is part of the evidence if it is filed. You do not have much choice once the first car got you involved. The insurance companies have to work it out and you should consider exactly what applies about your circumstances.
- yLv 72 months ago
The car you hit goes after you, then you go after the car that hit you for both, your damages and the damages you had to pay out to the first car. Insurances usually deals with all this crap.
- Anonymous2 months ago
You are liable to the car you hit. The car behind you is liable to you for the damage they did to your car and for your losses after they pushed you into the car in ftont of you.
But, you would need to report this to your insurance and let them handle it. That is why you have insurance.
- RickLv 62 months ago
skid marks ????