Legal Question in Personal Injury in Virginia
Automobile Accident / Insurance Questions
My sister was involved in an automobile accident where a truck suddenly slammed on its brakes and caused a four car accident. My sister was the last car in the accident . Each car involved in the accident rear ended the car in front of them. The officer that handled the accident said no one was at fault for the accident therefore, no one was charged. But now, the mother of the person that my sister rear ended is trying to get us to pay for the damage to her son's car. Since no one was charged, can she still try to get us to pay for the damage to her son's car?
1 Answer from Attorneys
Re: Automobile Accident / Insurance Questions
While the facts of every case vary, it is almost always the case that the car that rear-ends another is found to be negligent, unless (a) it is itself rear-ended and pushed into the car in front; or (b) there is an unexpected road/weather condition (ice, oil) that prevents stopping. This is because it is negligent to follow so closely that you cannot stop if the car in front suddenly stops. That does not mean your sister is liable, particularly in VA, where any negligence on the part of the person claiming damages contributing to the cause of the accident will defeat the claim in its entirety.
This is a matter that should be turned over to the insurance companies to handle. That is what insurance is for.
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