Legal Question in Traffic Law in Pennsylvania

Who is responsible in an auto accident if I was rear ended

I was hit from behind. My car had $3,000.00 damage, the other car that hit me was totaled and had to be towed. The driver lied and said I had merged infront of her and she did not have time to hit her breaks. All my damage is directly in back of my car on my license plate and I was pushed into the car infront of me. I truth is I was stopped and she plowed into me. The car infront of me that I hit had less than $200.00 damage and she didn't even turn it in. The driver of the car that slammed me told her insurance I was flying beside her and shot infront of her and slammed on my brakes!! I am in the process now of fighting to get my car fixed and my medical bills paid for. I had whiplash and had to go to the hospital. She had her car towed and go a ride home. No hospital bills occured for her. Her insurance is giving me the run-around. They said they might pay some of it and gave me a lower repair estimate. The best part is I got my estimate the same place they sent me two weeks later!! Am I getting the shaft or what?!?


Asked on 10/28/04, 3:37 pm

2 Answers from Attorneys
Stanley Fudor Law Offices of Stanley Fudor

Re: Who is responsible in an auto accident if I was rear ended

You should not be at fault. You need to prove via the damage occurred that her side of the story is not true. I have several questions that need to be clarified to better help you out. Please feel to contact me for additional help.

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Answered on 10/29/04, 6:29 am
Mark Johns Mark Johns, Esquire

Re: Who is responsible in an auto accident if I was rear ended

Rear end accidents are generally considered 100% liability to the stricking driver. If they will pay for the repair does the amount of the estimate really matter? Your hospital bills should be paid by your insurance company under PIP law. If you did not have insurance and you owned a vehicle that required insurance you are on the hook for your medical bills up to $5,000. After $5,000 you would have a right to recover them like someone who has insurance. I offer free consultations.

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Answered on 10/28/04, 4:07 pm


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