Legal Question in Personal Injury in Texas
Three car accident who pays for damages.
I am the owner of the third car in a three car accident. Car one was cited for driving in the turning lane but has no insurance. Car two exited a parking lot to the left crossed my lane of traffic also occupied the turning lane and attempted to avoid a head on by swerving. Car one hit car two causing it to spin infront of my car and we collided.
Car two has the same insurance company as I. The insurance company claims Car one is responsible for my damage but since they do not have insurance my collision coverage will have to fix my car less the deductible. My assersation is that car two is attempt to avoid the accident was at least in part the cause of my damage and should responsible for the damage to my car. My reasoning is that if car two had swerved and avoided the initial accident but still hit my car he would be responsible.
Since we have the same insurance there is no advantage to the insurance company in persueing my claim.
Am I right? If so should I file complaint with the State Board of Insurance?
2 Answers from Attorneys
Re: Three car accident who pays for damages.
The vehicle which struck yours will have liability for your damages.
Most insurance companies waive the deductible when two of their insured's collide with each other.
Don't expect this company to do the right thing without the threat of legal action.
Re: Three car accident who pays for damages.
From your description, it appears that Car #2 may have failed to take proper evasive action and may have entered the intersection illegally or at least unsafely. This would support your claim. Perhaps your complaint to the State Board of Insurance would motivate the insurance company to take another look at these facts.
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