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I was rearended by someone whos breaks snapped due to bad instalation. is thier insurance company still requaired to pay?

Sacramento, CA |

they are trying to blame les schwab and telling me i have to get money from them because it wasnt the drivers fault. shouldnt it be thier responsablitiy to pay for my damages first, then go after les schwab themselves?

Attorney Answers 9

Posted

Yes, it is the responsibility of the person who rear-ended you. They have a duty to keep their brakes in working order. They can cross claim against the repair shop but that is not your problem. Please feel free to call for a free consultation if you were injured in the accident and have sought medical care.

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8 lawyers agree

Posted

To be safe, you would go after both the driver and the brake company, if you know the name. Yes, it is the owner of the car's fault as well.

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7 lawyers agree

Posted

Yes there insurance is still obligated to pay. I would agree they should pay and go after les schwab themself. I am sure Les Schwab will have an explanation too why they are not at fault. Get a CA lawyer if they wont pay. Also, if you are hurt see a P.I. lawyer at once. Good luck

You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net

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7 lawyers agree

Posted

Yes the other driver is still responsible and their insurance would pay. Feel free to contact me with any questions. If you we're injured I recommend you consult with an attorney. The consultation is always free.

Barron Law Corporation Sacramento and San Francisco. 916-486-1712 or 800-529-5908. No attorney client relationship is created by this answer.

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7 lawyers agree

Posted

I wound take Attorney Kuhn up on his offer for a free consultation. The insurance company is liable for their driver, and is trying to pass the buck on to someone else.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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5 lawyers agree

Posted

As you can see by the prior responses, you may have claims against both parties. I would NOT talk to the insurance company any further as their only interest here is in NOT paying! Now is the time to "lawyer up" so your interests are protected and wouldn't it be nice IF you end up in a court of law with two parties pointing fingers at each other instead of you?

Feel free to contact my office for a bit of direction. We only do consumer protection work.
http://www.CaLemons.com

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3 lawyers agree

Posted

The best way to handle it is by present the claim to the other driver and the brake mechanic / shop. Let the two of them figure out who is responsible.
But I agree with the other lawyers replies, you should consult with a consumer attorney that offers free meetings to discuss the beginning facts of your situation.
Remember, the last day to file a lawsuit if you cannot settle the claim is BEFORE the two (2) year anniversary of the accident.

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2 lawyers agree

Posted

Brakes, non-delagble duty. The owner of the car is responsible no matter what. As a practical matter if you cant resolve anything you could sue both parties. If you only sued the driver, the driver would likely claim the person that installed the brakes is a non-party at fault. At that point, to ensure you recover from both parties your damages, you would need to also sue the person that did the work on the brakes. It sounds like your getting played with, get an attorney as suggested.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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2 lawyers agree

Posted

The person who rearended you is responsible for your damages. If someone negligently repaired that driver's brakes then they would also be on hook. If you are going to be jerked around you need to talk to a lawyer asap. I have offices in Elk Grove and Sacramento and would be glad to meet you for a free consultation.

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