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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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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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
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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.
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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.
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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.
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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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.
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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.