In most states, there is a rebuttable presumption that the vehicle that strikes another from behind is at fault. However, if there is any evidence that the driver directly behind you somehow contributed to the crash, you may be able to go after that driver. The first driver in the chain will probably be a waste of time unless he has assets somewhere that you can go after ( highly unlikely)..Also, do you have uninsured motorist coverage ??? You need to contact a local attorney ASAP to sort out your options. Good luck
Robert E. Heyman, Esq
Heyman Law Firm, PA
Bank of America Tower
200 Central Avenue SUite 610
St. Petersburg, Fl 33701
File a claim with your own insurance company under your collision coverage or your uninsured motorist coverage, if your UM coverage covers property damage.Your medical bills may also be paid under any medical payments or PIP coverage or family compensation coverage you may have.
If you have significant personal injuries, consult with a personal injury attorney in your area before taking any action.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
Probably not, unless you can show that they hit you prior to them getting hit. You probably have two remedies available.
First, assuming you have (UM) uninsured motorist coverage on your own vehicle, you should simply file the claim with your insurance company. If you choose to handle the case yourself, you should ask your insurance claims department for a "Proof of Loss" form which will itemize all of the information that you are required to submit to them. Once you submit the Proof of Loss under Idaho Code 41-1839, they have thirty (30) days to pay you the amount justly due under the contract.
If they fail to pay you the amount justly due, contact an attorney and file suit against your own company, and you will be entitled to attorney fees if it is determined that the insurance in fact failed to pay an amount justly due.
If you choose to sue the uninsured motorist directly, you may obtain a judgment that is worthless, as it is something s/he may be able to discharge in bankruptcy, and you'll likely spend more trying to collect on the judgment than you'll ever get out of them. In the event you do get a judgment, look at the Idaho Transportation Department website to learn how you can get the person's license suspended until s/he pays the judgment in full.
I'd go the Proof of Loss route through your own company.
A roundup of the best tips and legal advice.