Who holds the responsibility for the repairs to A? Does order of claim matter?

Asked almost 2 years ago - Palm Bay, FL

Three cars (A, B, & C) traveling (i.e., not stopped) in the same direction. C hits B in the rear end, and B hits A in the rear end. The cops were called and police report filed. A has zero liability. The other two vehicles were totaled and both drivers transported. The problem is, Driver C only has $10,000 of insurance. Driver B’s insurance refuses to accept the claim. Driver C was cited with accident. A filed the claim first. C's insurance is offering $500 to cover A's deductible and A files against his own insurance.

Attorney answers (6)

  1. Aldo Bolliger

    Contributor Level 13

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    Answered . There is a rebuttable presumtion that the driver of a vehicle that impacts with the rear of another vehicle is at fault. Under the above scenario both B and C could be held liable for A's injuries and damages depending upon the facts. Seeing that the vehicles were travelling and not standing still B has to allow for a safe distance between it and A. If the accident was such that B was following too closely he/she may be liable even if C caused the chain of events.

    Disclaimer: This response is based solely upon the limited information provided in your question; additional facts... more
  2. Jeffrey Robert Davis

    Contributor Level 14

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    Answered . Liability in a crash involving three moving vehicles is not always simple. "B" may be at fault as well. I would hire counsel and likely a lawsuit will be needed to determine percentages of fault.

  3. Clifford M. Miller

    Pro

    Contributor Level 19

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    Answered . A needs to sue C and B. The jury will apportion liability between C and B and the damages assessed against them will be split proportionally.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  4. Jesus Novo III

    Contributor Level 14

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    Answered . Order of claim does matter in exhaustion of benefits. That is why you should always carry uninsured/under-insured motorist coverage.

  5. Matthew Charles Price

    Pro

    Contributor Level 11

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    Answered . Without knowing additional information, it appears that vehicle C would have the primary liability. There could be extenuating circumstances that could place some liability on vehicle B as well. More information is needed.

    An attorney-client relationship is NOT created through the use of this website or by answering this particular... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

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    Answered . Have one of the above lawyers investigate.

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