QUESTION
Am I liable for an injury caused by a crash I was not in? How?
Asked on May 13th, 2015 on Personal Injury - North Carolina
More details to this question:
I was in a three way accident. While I was making a U-turn during a yellow light, another car collided with mine. His car could not move after the collision, so he had to park just outside the intersection, and while we were exchanging information, another car hit him. He was still in the driver's seat but no longer wearing a seat belt, and I saw him slam into the steering wheel when the other car hit him. At this point, I had already asked if he was hurt, and he had said no, but he was hurt after the second collision. I was found to be at fault for our collision, but obviously, I had nothing to do with this second one. However, he is claiming injuries from both collisions. He told me he was not hurt after our collision. Should I worry about having to pay for his injuries? Will my insurance company take care of this for me, or do I need to hire a lawyer?
11 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
Your vehicle insurer is responsible to cover any claims related to the collision as long as you timely report the collision to them and cooperate in your own defense. They will provide an attorney at no expense to you if either claim goes into suit. You tell what happened and then let the claims folks or lawyers sort out fault, extent of injuries, etc.
Answered on May 14th, 2015 at 9:05 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
These matters should be addressed to your insurance company which should take care of the issues unless you have inadequate coverage.
Answered on May 14th, 2015 at 1:24 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
at
Bulman Law Associates PLLC
Update Your Profile
You should let your insurance company handle the entire claim.
Answered on May 14th, 2015 at 1:07 AM
James Eugene Hasser
It doesn't sound like you would be liable, but turn the matter over to your insurance company and let them handle it. They will pay for lawyers to defend you and they will pay any settlement or judgment up to the limits of your policy. Good luck.
Answered on May 13th, 2015 at 5:00 PM
Report the situation immediately to your insurance company who will provide an attorney for free and will pay any damages up to the coverage limits. Since you were making a U-turn, you likely are at least somewhat at fault for the first accident. As it is reasonably foreseeable that another vehicle would hit his car while it was no moving in the street, you and the third car driver would also be liable for that collision. Depending upon the force of the first collision, the second car driver may have been injured in that accident even though he did not yet feel any pain. The insurance companies and the lawyers will have to sort it out, but the plaintiff attorney will definitely keep you in the suit as he will get more money from two insurance carriers than one.
Answered on May 13th, 2015 at 4:06 PM
Thomas Edward Gates
Your insurance company will handle the matter. You are responsible for the second collision since, if you were not negligent in cause the first accident, the second one would not have occurred.
Answered on May 13th, 2015 at 4:01 PM
Edwin K. Niles
That's why we have insurance. Let them worry about it.
Answered on May 13th, 2015 at 4:00 PM
Ronald A. Steinberg
Interesting question. You need to turn this over to YOUR auto insurance for proper handling. However, the second collision should not be your fault. The other car was there, in plain view, when the last dingaling came along and hit him. In Michigan, we would say that the guy you hit was "in a position of peril, and the other guy had the last clear chance to avoid the accident."
Answered on May 13th, 2015 at 3:56 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
1. In the first instance, you should definitely notify your insurer; they should provide a defense. If the claim(s) against you could exceed your policy limits, the company will ask you to get your own lawyer. 2. You say you were found liable for the first accident? Who made such a finding? Are you somehow bound by it, or are you free to question it. 3. Generally you should not be held liable for damages which are the result of someone else' negligence. However the circumstances you describe could lead a resourceful lawyer to try to pin some of the negligence for the second collision on you. Therefore, discuss with your insurer the merits of retaining your own lawyer, who has your interests at the forefront, rather than the insurance company whose lawyers owe duties principally to the insurer. Good Luck.
Answered on May 13th, 2015 at 3:25 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
I assume you have already referred this matter to your insurance company. If not, then you could be in real trouble. If you have received a "Summons and Complaint" or a letter from his lawyer or anything like that, or if you get one, get that to your insurance company immediately. Once that is taken care of, all you need to do is to co-operated in your defense. Your insurance company will hire a lawyer to represent you, and if there is a verdict or settlement, they will cover that also. The lawyer for the injured party is just making sure that all the bases are covered. It may be said that you created the conditions which caused the second accident to come about. On the other hand, it would appear that the driver of the third vehicle is primarily at fault for failure to keep a proper lookout, failure to keep his vehicle under control, etc. I expect there will be investigations and depositions, etc, so you will have a chance to have your say, and as I said, your insurance company will provide a lawyer to defend you and make all the necessary legal arguments.
Answered on May 13th, 2015 at 3:23 PM
Notify your insurance company. They will hire an attorney for you.
Answered on May 13th, 2015 at 3:20 PM