Who is legally at fault for a rear end accident?

by Whitney
(CA)

Three years ago I was involved in an auto accident with 3 other cars.

The person behind me hit me from behind and pushed me into the car in front of me, which caused them to hit the person in front of them.

The guy who hit me was not only stated as liable for the accident in the police report, but was on his cell phone at the time of when he hit me stated in the report.

He's trying to sue me to show I had some liability for the accident such as "slamming on brakes" when we were in 5 mile an hour traffic down a hill. At the time I was excluded from my insurance policy. What are my rights?

Is there anyway history can be re written and I can be shown as at fault?


Answer:


Hello Whitney,

Well, an investigation should have been done by all the insurance companies involved. Their investigation might come handy. You will want to talk to a lawyer about this for sure. Usually, the vehicle that gets hit from behind is not liable, but again, a saddened and completely unjustified breaking could be construed as negligence.

The next issue will be the statute of limitation regarding property damage claims, check what is that statute for your state, and talk to an attorney about this. An accident that is 3 years old could be barred and all rights against you (if any) might have expired.

I hope this helps.


Good Luck,
http://www.auto-insurance-claim-advice.com