I was involved in a 3 car collision where I a car stopped suddenly, then the car in front of me slammed on his brakes suddenly. I rear ended the the car in front of me, and that car hit the one in front. I am considered at fault in this accident even though the vehicle in front of me admitted he was following to closely and had to slam on his brakes. I did not have insurance at the time and the car in fronts insurance company is now asking that I pay them back $3300 dollars. What I want to know is should that fully go to me or should that be split between me and the driver in the middle, and what would happen should I ignore the letter?
Some extra information, it was raining that day and visibility was poor, and in the accident no visible damage was done to the rear of the car in the middle, and only minor damage was done to my car. I was doing under 10 MPH because i was slowing down to make a turn. I dont see how 3300 worth of damage was done.
Real Estate Attorney
This is a perfect example of why we all need to carry insurance. Sure it protects the other guy but more importantly it protects you. If you had insurance you would just turn this over to them and not have to worry about it. Instead you are looking at having to pay $3300. I'm guessing that's alot more than the insurance would have cost for an entire year.
As a Kentucky insurance attorney (I offer no opinions regarding Tenn. law) I can tell you that up here you would be looking at a possible lawsuit. First, do not ignore this or they will get a judgment. Try to settle direct with the Insurance company, contest liability (not your fault), apportionment (there were other people at fault too) and damages ($3300 sounds high).
You can use these three arguments with both the adjuster and at court. But they are just arguments. You could still lose and wind up paying the full amount. Every case has a value, see if they will accept less, or payments over time. I would recommend hiring an attorney. Just don't wind up paying more in legal fees than the case is worth. (that's another benefit to having insurance, it pays for your attorney). Good luck
I agree with the other answer provided. I would add that the fact that it was raining and visibility was poor is reason for both you and the vehicle in front of you to have given more distance between the vehicles, not less. Also, if the vehicle in front of you did not impact the vehicle in front of hit before you hit it - you will need to argue that the vehicle in front of you was going to impact the first vehicle regardless to reduce the amount of your responsibility. Good luck.
This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Mark D. Fullerton, P.C. 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210