Whose insurnace should I make a claim with? Car that rear-ended me or the car that rear ended him into me?

Question

I was in an 3 car auto accident. At the time of the accident no one exchanged info. But there is a police report with our info. My insurance policy was cancelled at the time.

Answer 1

This may vary from state to state so I am speaking with how my state would handle this. If you were stopped and the vehicle behind you was stopped and the 3rd vehicle pushed the vehicle behind you into the back of your car then the 3rd vehicle would be at fault. To be on the safe side, turn in a claim to both companies. Some states now will not let you collect from another party if you are driving without insurance so you may not be able to collect from anyone.

Make sure you get insurance!!

Answer 2

Some lousy answers here. Striking vehicle has nothing to do with liability. Period. It doesn't matter who hit you - it matters who caused the accident. (If someone hits your parked car into another parked car, would you feel at fault? If someone runs a red light and you hit them, would you feel at fault??)

As long as you only felt ONE impact - meaning, car 3 in the back hit car 2 in the middle into you, call the rear-most car's insurance, he's liable.

If you felt TWO impacts - meaning car 2 hit you, then car 3 hit car 2 back into you again - you have shared liability between 2 and 3 and need to call them both.

If everyone was moving/changing lanes, you have to call both. If it's a clear "were were stopped, 3 hit 2 into me" you're fine calling 3.

And get your insurance reinstated!! If you had coverage, THEY could be handling this for you right now! And if your state bans recovery for driver's with no insurance, you're going to not only be out of luck but in big trouble.

Answer 3

If you felt one impact- that means the rear car caused all the damage (he hit the middle vehicle and was pushed into you). If you felt two impacts- both parties had some negligence. YOu were likely rearended first by the middle vehicle and then pushed into him again by the rear.

If you feel the rear vehicle was 100% at fault.. only call his insurance company

Answer 4

It is the fault of the person who hit you regardless of the fact that someone hit them! I was just in this same situation. I got hit from the rear and managed NOT to hit the person in front of me. I would have been responsible if I had hit the person in front of me! Your insurance policy being cancelled has no bearing on them having to fix your car, that should only effect whether or not you got a ticket for not having valid insurance.

Good luck!

Answer 5

Some good answers here and those that answered correctly deserve a thumbs up! Way to go.

File against the person that hit you. Regardless of the status of your own personal insurance is of no consequence to the accident. The fault is with the person that hit you.

Personal note, I encourage you to get your own insurance in order lest you be faced with a similar situation.

Good luck and take care.

Answer 6

You normally file with the insurance company for the person who was cited, if the person did not have insurance then, unfortunately you'll have to report the accident with your insurance and let them deal with the rest. With the police report of the person who was cited, the insurance company lawyers will do the rest. Just make sure you insurance is always up-to-date and that you have uninsured clause in your insurance.

Answer 7

You make your claim against the individual that caused the damage to YOUR vehicle. He, in turn goes after the one that hit him.

The reason for this is that generally all states have a law that says to the effect that driver is responsible to operate his vehicle in such a way as to be able to stop safely in all conditions. (ie keep enough room between you). That puts the basic fault on the guy that hit YOU.

Meanwhile .. go get insurance.. you KNOW that letter is coming in the mail right?

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Answer 8

EWE! Your in it with the system for no insurance. But file a claim against both. The car that hit you for sure was at fault and you know their going to point at the car who started it. Stick to your guns when they start yapping about you not having insurance.

Answer 9

You need to file a claim with BOTH insurance companies & let them decide who is responsible. Most likely the rear car will take responsibility, but you should file with both.

Answer 10

There are 2 different areas to think approximately: criminal Fault and Civil criminal duty. Criminally, you're in all probability accountable of following too heavily. There are some cases the place you will desire to no longer be at fault. in case you will desire to reveal that the motive force in front of you probably did no longer genuine sign his intentions, you could each at times get off. If the motor vehicle in front of you made a planned supply as much as rigidity you into an twist of destiny, then this is think approximately criminal purpose, and he's accountable. regrettably, those are difficult to tutor. Civil criminal duty pertains to who's in charge for the damages. you will desire to reveal some thing observed as negligence with the intention to gather damages. Negligence has (4) areas: a million) criminal duty Owed; 2) criminal duty Breached; 3) certainly Damages; 4) Proximate reason. area a million: you have a criminal duty to dodge hitting the motor vehicle in front of you. area 2: You breached your criminal duty via following too heavily. area 3: certainly damages. Did you certainly injury his motor vehicle. Or, became the motor vehicle broken earlier you hit it? area 4: became there a "proximate reason", or a reason-result relationship, out of your following too heavily, and his motor vehicle being broken. area 4 is the difficult area. If the guy complains of neck soreness, yet became already going to the chiropractor previous to the twist of destiny, that's confusing for him as an instance which you brought about the wear and tear to his neck. If a technique or the different you could show that the corvette brought about the twist of destiny, you could dodge criminal duty. difficult to do, via fact the corvette did no longer supply up. in short, you at the instant are not "immediately accountable" once you rear-end somebody. even though it is fairly annoying as an instance that it is somebody elses fault. The final area of your question is "do I even have total criminal duty." there's a term observed as Contributory Negligence, wherein area of the blame is assigned to each motive force interior the twist of destiny. Had the motor vehicle in front of you collided with the corvette, then the corvettecontinual might share area of the criminal duty. My years of adventure as an coverage agent recommend which you're in all probability a minimum of fifty one% negligent. wherein case, you would be in charge for paying her damages.