Legal Question in Personal Injury in California

I was rear ended about 2 weeks ago in heavy traffic. The claims from the driver that hit me has gone a different route. They have denied my claim and will not pay for the damages to my rear bumper. In this accident the driver that hit me claims someone hit her. There was a lot of traffic so why didnt she make sure that driver that hit her leave the scene. Her insurance will not pay because she was hit and not her fault that she hit me. I believe that they have to fix my car because at the end of the day i was hit by her.

Asked on 6/14/10, 12:03 pm

3 Answers from Attorneys

Joshua Hale Hale Law Group

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If she was actually hit, it is the driver who hit her who is responsible by law.

If she was not, then she is liable. How much damage was done to your car? Please send me a direct email if you want to continue this dialog.

Answered on 6/14/10, 3:07 pm

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Bill Newkirk The Law Offices of William H. Newkirk

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In the world of automobile liability, insurance companies look for reasons to delay or deny claims, rather than pay them. If their insured was not the one who caused the problem, the insurance company for the woman involved will deny the claim until they are persuaded otherwise. You can help yourself in persuading them if you document the number of impacts you heard, and the number of impacts you felt. If you only heard and felt one impact, it is unlikely anyone else hit her. If you felt two impacts, it is likely she struck you, and then was hit from the rear, striking you again. If you heard two impacts, but felt one, it is more likely she was struck from the rear, and then hit you. If you felt two impacts, and heard three, it is likely she hit you, was struck from the rear, and then hit you again when her car was pushed into yours, etc. It is important to be clear about the facts and the law. If she was pushed into you by a car that failed to stop in time to avoid colliding with hers, but she did stop in time initially to avoid colliding with you, she is not at fault, and has no legal obligation to get the information about the car that struck hers, although from a practical point of view, it would have been a wise thing to do to avoid your claim against her by helping you identify the person who hit her. Otherwise, she has no legal responsibility to do so.

Answered on 6/15/10, 6:47 pm

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