We live in california , my husband was rear ended on the freeway , the car in front of him was cut off by another, he managed to stop , my husband managed to stop How ever the driver that hit my husband did not. Although he had plenty of time to stop , he claims that his brakes were not working great . He gave my husbands his info, but stated that he did not have a license but did have insurance on the vehicle, and he took off after giving my my husband his info. My husband filed a claim with the mans insurance , and now the at fault driver is claiming that my husband crashed into the driver in front of him which caused him to crash into my husband . my husband barley managed to hit the front vehicle after he was rear ended since there was enough distance ( there is no damage to my front bumper) So the at fault drivers insurance is giving us a hard time . What can we do ? We just want the car fixed .
If you have collision coverage let your company deal with those idiots. I used to be an adjuster, back in my day we'd call the first car in line and ask how many impacts did you feel? If they said one that generally meant that the driver at the end of the line drove the other cars forward. If they said two or more impacts that meant they had been hit once, then again when the last driver hit the line of cars. So easy, but now days the adjusters refuse to work or seem refuse to think. Good luck.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
Sue the at fault driver or have your insurance handle the claim and they will subrogate the claim against the at fault driver and their insurance.
You should turn this claim over to your insurance carrier and if your husband is injured, you will want to consult with a personal injury lawyer.
If you have comp and collision, get the car fixed under your policy, less the deductible, and let the insurance companies fight it out. Your company will try to obtain what they pay and your deductible. If you do not have comp and collision, sue the other driver in small claims court.
Unfortunately this scenario is all too common is multiple vehicle rearend accidents, the car that started the collisions claims a collision happened previously to them being involved. The best fix is if the driver in front of you recalls hearing a crash before feeling a crash. Turn it over to your insurance, give them a recorded statement and let them earn the premiums you pay them. You will get your deductible reimbursed once they succeed in proving the other party at fault. If your husband was injured contact a competent personal injury attorney immediately!
Sue the at fault driver in Small Claims. Bring photos of the damage, copy of the Police Report, estimates/receipts for repair, receipts for rental car. Prove your case and the insurer will pay.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
If you have collision coverage turn it over to your own insurance. If they don't waive the deductible, then you can pursue the at fault driver in Small Claims Court. If you don't have collision coverage sue the driver in Small Claims Court. for the full cost of the repairs. if anyone in your car was injured I would consult immediately with a personal injury attorney.
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