QUESTION

Why am I responsible for a crash I did not cause?

Asked on Dec 19th, 2011 on Personal Injury - Michigan
More details to this question:
I was in a car accident a while back. I was changing lanes and an unknown car pushed me back into my original lane, causing me to rear end a rental car. The rental car and I pulled over but the unknown car did not. The rental car company wants me to pay for the damages out of my pocket that I cannot afford. Why do I have to pay if I am not at fault?
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20 ANSWERS

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You rear-ended the other vehicle.
Answered on Jul 02nd, 2013 at 10:16 PM

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Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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Generally, if you believe you were not at-fault for the collision, you can turn the claim into your own insurnace company and explain that the collision was caused by a "hit-and-skip" driver. They should assist in defending you in the action.
Answered on Oct 25th, 2012 at 1:34 PM

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Diane Marilyn Sternlieb
You were behind and hit him. You can try to argue there was another car that left the scene. But this will not likely succeed. Bad spot to be behind they always blame the car behind.
Answered on Dec 27th, 2011 at 12:15 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Why do you think you have to do what the rental car company asks you to do. If what you say is true, ignore them if you did not cause the problem.
Answered on Dec 22nd, 2011 at 10:18 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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You don't have to pay if you were not negligent. But why don't you just turn the claim over to your insurance company and let them handle it.
Answered on Dec 22nd, 2011 at 10:05 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Your description of the contact makes you look like you are at fault. Changing lanes and being pushed back means to me you should have slowed and waited to change lanes. Failure to do so is negligence. Rear ending another vehicle is negligence too. Turn it all over to your private auto insurance company.
Answered on Dec 21st, 2011 at 7:36 PM

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Criminal Defense Attorney serving Alexandria, VA at Michael J. Sgarlat
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If you have a witness who will testify that you did not violate the rules of the road and did not cause the accident then you might be able to convince a judge or jury that you were not at fault. If you feel it was a 3rd parties fault then you should inform your own carrier and let them provide you with defense counsel. Always get the information of witnesses otherwise you'll be at a disadvantage.
Answered on Dec 21st, 2011 at 7:34 PM

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Bruce Elliott Goodman
If you have not already done so you should contact your automobile insurance company immediately, advise them of your defense, and let them handle the defense of this claim. Failure to notify your insurance company could result in the company denying coverage.
Answered on Dec 21st, 2011 at 7:34 PM

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Family Law Attorney serving Baton Rouge, LA
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Your problem is what is known in the law as the "phantom vehicle." Because it cannot be proven that you were "pushed" back into your lane (unless you were actually struck by the 'unknown vehicle') you are presumed liable for what would essentially be a rear-end collision. Your regular automobile insurance should cover your liability.
Answered on Dec 21st, 2011 at 7:33 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Assuming you are not at fault for the accident at all, then you are not responsible to the rental car company for the damage to their vehicle. However, if you were partially at fault, then the rental car can collect from you, or your insurance company, for the damage. This is based, in part, on Nebraska Revised Statute 25-21,185.10, which states, in part: In any other action involving more than one defendant, the liability of each defendant for economic damages shall be joint and several and the liability of each defendant for noneconomic damages shall be several only and shall not be joint. As it applies to your situation, the damage to the rental car is an "economic damage" while the word "joint" means the rental car company can collect all of their money from you or the driver/ owner of the "unknown car" at the rental car company's option. All you have to be is .01% at fault and you would have to pay. If you do have to pay, then you would have to try and collect your money back from the "unknown car." As to whether you have any fault for the accident, I cannot answer that based on the information you provided. More information would be necessary to make this determination such as: what the "unknown car" was doing just prior to pushing you back into your original lane; whether you saw the "unknown" vehicle prior to your lane change; the speed of your vehicle and the "unknown car"; the traffic conditions. This is not a complete list of the information necessary to determine whether you have any fault for the accident. You should contact your insurance company, if you have not already, as you should have coverage and they, rather than you, would pay the rental car company. This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim against someone, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
Answered on Dec 21st, 2011 at 7:33 PM

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You should submit this to your insurance company and let them pay/investigate. That's why you buy insurance. Also, did the police ever find the "unknown" car? Anyone able to identify it? Surely someone at the scene of the crash can identify this phantom vehicle. If so, you should place that person on notice of the claim and provide that information to the rental car. As far as the rear-ender, motorists under a duty to maintain a safe distance and control of their vehicle at all times. If you want to avoid liability here, you need to point the finger at the unknown motorist. Otherwise, you're probably on the hook for this one. I assume that the unknown car left paint on your vehicle when it forced you out of your lane, so at least you know the color of the car. Most likely the rental car agency doesn't believe this unknown car existed as they here that excuse a lot. You need to prove to them otherwise.
Answered on Dec 21st, 2011 at 7:26 PM

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Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD at The Law Offices of Paul A. Samakow, P.C.
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From your description, I cannot tell if you contributed to the accident or not. Changing lanes is supposed to take place only.
Answered on Dec 21st, 2011 at 7:11 PM

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Civil Litigation Attorney serving Gadsden, AL at Ford, Howard & Cornett, P.C.
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You are not liable unless you negligently or wantonly caused the accident in whole or in part. For example, if you negligently changed lanes in front of the unknown vehicle thereby causing the impact that knocked your vehicle into the rental car, then you could be liable. If you were truly knocked into the rental car due to no fault of your own, then you are not liable. The question is whether or not any wrongful act or omission on your part contributed to the accident. Under Alabama law, you are required to have liability insurance; so you should have turned the claim over to your liability insurance carrier to investigate and defend.
Answered on Dec 21st, 2011 at 7:10 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Technically, you don't, but since the at-fault driver is gone, they're coming after you. Your choice is to settle with them for a lesser sum or let them sue you for the full amount and take a chance on winning, and paying nothing, or losing, and paying it all.
Answered on Dec 21st, 2011 at 6:58 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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You do not have to pay for damage you did not cause. You should report the accident to your insurance company and let them take care of it.
Answered on Dec 21st, 2011 at 6:57 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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Wheres your insurance company in all of this? Your own auto insurance carrier should be covering you while you are renting a car. If you had auto insurance, turn it in to them immediately. Was there paint transfer from the phantom car? Insurance companies often hear stories of the phantom car that ran you off the road or hit and ran, and they are highly suspicious. If you got hit while changing lanes, you may have been negligent in not seeing the phantom car that caused you to have an accident with the car in front of you. You can probably request arbitration or push it to court to try and explain your innocence. Ask the rental company if you can request arbitration.
Answered on Dec 21st, 2011 at 6:57 PM

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Personal Injury Attorney serving Boston, MA
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In this instance, the rental car is clearly not at fault. If you are even 1% at fault for this accident, the rental car company can hold you liable for the incident, especially if it cannot find the unknown driver. My guess is the rental car's insurance company is saying you have some responsibility - perhaps when you changed lanes it was not safe to do so, and as a result, the unknown vehicle pushed you back into the lane. In any event, your own insurance company will defend you in this matter and hire an attorney if necessary at their expense. It is part of your insurance coverage. If you haven't done so already, contact your company immediately. If your company can prove you were in no way liable for this incident, you will be all set. Speak to them and give all the details you can to prove your innocence.
Answered on Dec 21st, 2011 at 6:56 PM

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Personal Injury Attorney serving Spanish Fork, UT at Utah Legal Team
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I would suggest submitting the claim through your insurance company. Assuming you have insurance, you have a contract with your insurance company that a defense will be provided to you. You need to fight the other company but let your insurance company do it for you. After all, you have paid for defense coverage and it is time to use it!
Answered on Dec 21st, 2011 at 6:53 PM

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Disability Law Attorney serving Marshall, TX at Carlile Craig, L.L.P.
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You need to tell your insurance company about the accident. They are required to hire a lawyer to defend you. Your insurance will have to pay if it is determined to be your fault.
Answered on Dec 21st, 2011 at 6:52 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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If you had insurance, you need to turn this claim over to your insurance company and let their lawyers fight the rental car company. You must have your car under control under all times and you could contest this claim in Court.
Answered on Dec 21st, 2011 at 6:52 PM

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