by Guest » Sat Oct 01, 2011 05:38 am
Hi,
I recently had a rear end accident. I was hit from behind and by an insured driver while at a red light.
After getting out and talking to the driver a police officer arrived to access the situation while observing the damage in the rear of my vehicle and it was found that a hit and run driver hit the vehicle that hit my car causing the original rear end vehicle to strike me.
I landed on my car the insurance company of the rear end car says they cannot determine the extent of liability on their part for bodily injury due to the fact that their not liable for the hit and run part even though their driver caused the whole thing and their insured car hit me.
My question is the insurance company of the original car liable even though no one can say which of the two caused my disc injury. Please Advice.
I recently had a rear end accident. I was hit from behind and by an insured driver while at a red light.
After getting out and talking to the driver a police officer arrived to access the situation while observing the damage in the rear of my vehicle and it was found that a hit and run driver hit the vehicle that hit my car causing the original rear end vehicle to strike me.
I landed on my car the insurance company of the rear end car says they cannot determine the extent of liability on their part for bodily injury due to the fact that their not liable for the hit and run part even though their driver caused the whole thing and their insured car hit me.
My question is the insurance company of the original car liable even though no one can say which of the two caused my disc injury. Please Advice.
Posted: Sat Oct 01, 2011 06:30 am Post Subject:
There needs to be some indication that the hit and run vehicle actually existed. It sounds like there is damage to the vehicle the hit/run vehicle struck and if so, then the existence has been shown.
You can only hold any of those known vehicle's liable is the state where the accident happen observes Joint and Several liability and to the extent that it applies.
What state are you in?
Posted: Sat Oct 01, 2011 06:43 am Post Subject:
As tcope says, you can hold only the vehicle that hit you responsible and your loses should be covered by the driver at fault's insurer.
You may consult your own insurer to handle it in a professional way, as they will try to recover the damages from the other insurer rather than pay it themselves.
Posted: Sat Oct 01, 2011 06:47 am Post Subject:
as they will try to recover the damages from the other insurer rather than pay it themselves.
They can't attempt to recover if they don't pay.What I'm saying is only the at fault driver is liable. But with Joint and Several sometimes if another party is 1% at fault, you can collect 100% from the 1% at fault party. But not many states still have true Joint and Several liability.
Posted: Sat Oct 01, 2011 06:58 am Post Subject:
Thanks for the valued information. I am in Oregon. Please let me know how am I to proceed with my claims?
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