Legal Question in Civil Litigation in California
Third Party in a car accident.
While I was driving in the freeway about 60mph, in a busy day, the car infont of mine made a sudden stop crashing into the one infront of them, but not making any damage, he let that car go. But since they made a sudden stop I was unable to bring my car to a full stop, crashing into him, and made some damage to the rear. He lied to the CHP about him hitting another car and blames me for his damage of the front and rear and after talking to his family , he claims neck injury, but before that he was moving in every direction with his head and seem fine. Can I be liable for his damges and his supposed injury after he mention he had a past issue with his neck?
4 Answers from Attorneys
Re: Third Party in a car accident.
turn his claim over to your car insurance to handle before this gets out of control. If you have no insurance, then you should hire an attorney to protect you; contact me if you need to.
Re: Third Party in a car accident.
Unfortunately, evidence, statements, and police reports don't always tell the full story. If he has initiated suit, your liablity insurance should kick in to your defense.
As for the prior neck injuries, that will probably be brought up and goes to the issue of damages he incurred (if any).
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Re: Third Party in a car accident.
Thank you for your inquiry.
If you had insurance, you should notify the insurance company, as they will help you fight this claim, or get an attorney to defend your claim.
If you can identify this other driver, your case will be greatly helped. However, the law states that if you failed to stop in time and were negligent, you have to pay for the other person's damages. Typically, a plaintiff is "as you find them", but you may be able to mitigate the plaintiff's damages due to a prior injury.
I hope that this information helps you, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.
Re: Third Party in a car accident.
You can be liable. Contact and inform your insurance company.