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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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3 car accident- how does liability work?
I was the front car of a 3 car accident.
We were in motion when I was rearended.
According to car #2, she was struck from behind and pushed into me (she was given a ticket, btw)
According to car #3, she saw car #2 hit me, but then hit car #2 after we both stopped.
According to the cop and my insurance company, I have no liability here whatsoever.
However, both the cop and my insurance company said that it's going to be a pain in the azz for me to get my damages covered because the 2 drivers are disagreeing about how it happened.
eta: I'm in NJ, so I'm pursuing the claim on my own so that it only gets recorded as a "report" with my insurance company instead of being a "claim". A claim could cause my rates to go up, even though it wasn't my fault.
Message edited 11/16/2006 4:55:04 PM.
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Posted 11/16/06 4:49 PM  |
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CellarDweller
LIF Adult
Member since 11/05 1562 total posts
Name:
Jennifer
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Re: 3 car accident- how does liability work?
I *think* that in either case, your insurance company would go after car #2 because, regardless of when she hit your car, it was her car hitting your car.
It'll be up to car#2 to go after car #3 for damages.
At least that is how it worked in my experience.
Good luck
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| Posted 11/16/06 4:52 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
I'm pursuing it on my own. I live in NJ. If I pursue it on my own, it only gets recorded as a "report" with my insurance company instead of a "claim".
A report has no effect on the price of my policy, but a claim COULD cause my premium to go up, even though I was not at fault.
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| Posted 11/16/06 4:54 PM |
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LittleBlueBug
Happy Mommy
Member since 9/06 4074 total posts
Name:
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Re: 3 car accident- how does liability work?
I don't think you'll have liability. The ins co will have to figure out who hit who first though. I doubt, depending on the speed, that the 3rd car hit so hard that they pushed the 2nd car into you. I was involved as a passenger in a 3 car accident years ago. The 2nd driver claimed the same thing...that my friend pushed her into the 1 st car. We heard the first impact from her hitting the car in front of her...which usually causes the 3rd car to hit you. Think about it...car #2 does not see #1 is stopping and then stops short due to the impact giving the driver in back of them no time to stop.
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| Posted 11/16/06 4:54 PM |
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lorich
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Member since 6/05 9987 total posts
Name:
Grammie says "Lora Gina"
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Re: 3 car accident- how does liability work?
Obviously the other one or two are at fault.
Your insurance company will pay for repairs to your car then the insurance company will go after the other driver's insurance for reimbursement.
You'll still have to pay your deductible, but should receive it in full once a settlement is issued.
Are you ok?
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| Posted 11/16/06 4:54 PM |
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Smileyd17
kids
Member since 5/05 20997 total posts
Name:
Mommy
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Re: 3 car accident- how does liability work?
Although I am not in claims, I am in ins and here is what I know.
Veh #3 technically started the accident and considered at fault. Veh #2 is who your company will be going after for damages.
Both you and Veh#2 can sue if there were any injuries to Veh#3. Veh #2 will also be going after #3.
In rear end situation, the person who hits in the rear is 80% at fault regardless of someone stopping short and what she is disputing.
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| Posted 11/16/06 4:55 PM |
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lorich
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Member since 6/05 9987 total posts
Name:
Grammie says "Lora Gina"
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Re: 3 car accident- how does liability work?
Posted by suvenR
I'm pursuing it on my own. I live in NJ. If I pursue it on my own, it only gets recorded as a "report" with my insurance company instead of a "claim".
A report has no effect on the price of my policy, but a claim COULD cause my premium to go up, even though I was not at fault.
Ugh...this is going to take forever. You have insurance for a reason. I would just use it and let them deal with it. If they fix your car you have nothing to worry about...they're the ones who will go to court for you, etc.
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| Posted 11/16/06 4:55 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by LittleBlueBug
Think about it...car #2 does not see #1 is stopping and then stops short due to the impact giving the driver in back of them no time to stop.
That's the thing though- I wasn't stopping. I wasn't even slowing down.
The best way to describe it is like being in a bumper car moving forward when a faster car comes behind you and bumps you forward...
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| Posted 11/16/06 4:56 PM |
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Smileyd17
kids
Member since 5/05 20997 total posts
Name:
Mommy
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Re: 3 car accident- how does liability work?
If you are not deemed fault, a claim should not affect your rates.
Its when you are at fault and a payout is made is when the rates will go because you are then surcharged for it.
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| Posted 11/16/06 4:57 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by lorich
Are you ok?
Yes, thanks!!!
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| Posted 11/16/06 4:57 PM |
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LittleBlueBug
Happy Mommy
Member since 9/06 4074 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by suvenR
Posted by LittleBlueBug
Think about it...car #2 does not see #1 is stopping and then stops short due to the impact giving the driver in back of them no time to stop.
That's the thing though- I wasn't stopping. I wasn't even slowing down.
The best way to describe it is like being in a bumper car moving forward when a faster car comes behind you and bumps you forward...
Wow! Did the guy in back of you even try to stop? I'm glad that you are okay. I think you will be able to get your damages taken care of. Definitely seems like #2's fault. He did the hitting.
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| Posted 11/16/06 5:00 PM |
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dom-n-nic
LIF Adult
Member since 5/05 1143 total posts
Name:
nicole
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Re: 3 car accident- how does liability work?
you were the 1st veh in a 3 car rear end loss.. you have no liability at all.
if the person behind you states that they felt a bumped from behind and hit you because he was hit technically the 3rd veh will have 100 liability .
Message edited 11/16/2006 5:07:58 PM.
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| Posted 11/16/06 5:04 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by LittleBlueBug
Wow! Did the guy in back of you even try to stop? I'm glad that you are okay. I think you will be able to get your damages taken care of. Definitely seems like #2's fault. He did the hitting.
She was a total azz. She didn't even stop her car on her own. I gradually slowed down and came to a stop and felt her car still pushing into mine until she must have realized that she needed to hit the brakes.
When I got out, the front of her car was touching the back of mine. But, driver #3 was approx 6 feet behind #2.
I walked over and #2 started demanding that I give her my insurance information and stated that she had the police on the phone. I informed her that she was the one who hit me and would be providing me with her info. She wouldn't back down. I told her that she should be more concerned with the person who hit her.
When the cop came, she gave him a really hard time. He ended up calling for backup and searching her car. He also gave her a ticket. Stupid azz. 
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| Posted 11/16/06 5:06 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by Smileyd17
If you are not deemed fault, a claim should not affect your rates.
Its when you are at fault and a payout is made is when the rates will go because you are then surcharged for it.
Thank you for your help!!! My ins. co said that if the other company gives me trouble, I can call back and have the claim handled through my co. When I asked how the premiums worked, she said "no effect on a report since you weren't at fault" when I asked about a claim, she said "it would still be marked as no-fault, but I'm not an underwriter, so I can't say if your policy would be effected"
That's what made think it would go up. 
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| Posted 11/16/06 5:08 PM |
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curliegirl
He's here!!!!
Member since 3/06 10128 total posts
Name:
Gina
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Re: 3 car accident- how does liability work?
Posted by Smileyd17
If you are not deemed fault, a claim should not affect your rates.
Its when you are at fault and a payout is made is when the rates will go because you are then surcharged for it.
That is not true, it affects you whenever you call your insurance company. I was in an accident where a woman opened her car door into traffic and I hit it, 100% her fault, but it was added to my policy and the next accident I was in, it was counted and my rates when through the roof!!!
I was also in a 3 car accident. I was in the middle and I skidded on ice and hit the car in front and the car behind me hit me. I paid the car in front and the guy behind me paid me.
If I had not called my ins. co. about the first accident, my rates wouldn't have gone up. It's a points-type system.
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| Posted 11/16/06 5:23 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by curliegirl
If I had not called my ins. co. about the first accident, my rates wouldn't have gone up. It's a points-type system.
Was your 1st instance considered an acutal claim? I'm thinking that they may have assigned it as your fault because her car was off, but yours was running. (I was told that if someone's car is completely off, they are never at fault) I don't know for sure though.
The woman who I spoke to said that the insurance report will definitely not cause my rates to go up. She was wishy-washy about the claim part, though. So, that's what makes me nervous.
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| Posted 11/16/06 5:27 PM |
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curliegirl
He's here!!!!
Member since 3/06 10128 total posts
Name:
Gina
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Re: 3 car accident- how does liability work?
Posted by suvenR
Posted by curliegirl
If I had not called my ins. co. about the first accident, my rates wouldn't have gone up. It's a points-type system.
Was your 1st instance considered an acutal claim? I'm thinking that they may have assigned it as your fault because her car was off, but yours was running. (I was told that if someone's car is completely off, they are never at fault) I don't know for sure though.
The woman who I spoke to said that the insurance report will definitely not cause my rates to go up. She was wishy-washy about the claim part, though. So, that's what makes me nervous.
It was not a claim and I did not pay anything. There is automatic fault when opening your car door into traffic, car running or not. It is actually illegal, you are supposed to get out on the sidewalk side.
It wasn't THAT particular accident that caused my rates to go up, it was the next one where I was partly at fauly, and being I had reported the first one, it somehow counted.  Trust me, I had a BIG to-do over it.....
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| Posted 11/16/06 5:30 PM |
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suvenR
designer mutt
Member since 5/05 4239 total posts
Name:
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Re: 3 car accident- how does liability work?
Posted by curliegirl
It was not a claim and I did not pay anything. There is automatic fault when opening your car door into traffic, car running or not. It is actually illegal, you are supposed to get out on the sidewalk side.
I had no idea!!!!
WOW! I can't believe that got counted against you. Now I'm freaked out over here.
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| Posted 11/16/06 5:32 PM |
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curliegirl
He's here!!!!
Member since 3/06 10128 total posts
Name:
Gina
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Re: 3 car accident- how does liability work?
Posted by suvenR
Posted by curliegirl
It was not a claim and I did not pay anything. There is automatic fault when opening your car door into traffic, car running or not. It is actually illegal, you are supposed to get out on the sidewalk side.
I had no idea!!!!
WOW! I can't believe that got counted against you. Now I'm freaked out over here.
sorry to bear the bad news, it may not cause an increase, but find out if it goes on your "record"
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| Posted 11/16/06 5:40 PM |
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