QUESTION

Do I have a claim/case?

Asked on May 14th, 2022 on Automobile Accidents - California
More details to this question:
My corolla got rear ended by a prius driver last April 27. The prius driver claims he was also rear ended by another, which I didn’t see at all who or where the third car was. CHP report shows the Prius driver claimed he was a victim of a hit and run which caused him to rear end my car. No other details was available on a third vehicle or driver. His insurance says I don’t have any claim to them because of a third vehicle that caused the accident and they are still waiting for information on that 3rd vehicle. I have submitted to them the CHP report last Monday (May 9) because I found out that day that they can’t move forward on the investigation w/o the report. I called today (May 12) and was told their records shows that I still don’t have claim due to that 3rd vehicle. Got a call today May13 and USAA denied my claim due to that 3rd vehicle the prius driver was saying that hit him and pushed him to my car. Do I have a case?
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1 ANSWER

Consulting Attorney serving Sebastopol, CA
Partner at The Rowan Firm
1 Award
Yes, you have a case.  No matter whether the car that hit you was hit from behind, the driver of the Prius that hit you is required under the CA Vehicle Code to maintain a safe distance behind your vehicle sufficient to prevent such an accident.  The only time I could see the Prius' insurance denying your claim is if you were both stopped at a stop light, e.g., and the hit and run driver then hit the Prius pushing him into you.  Then you would need to make an uninsured motorist claim with your insurance.
Answered on May 16th, 2022 at 9:13 AM

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