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I was rear ended by a vehicle who was rear ended by another car. I suffered some injuries. Who is held at fault?
I was rear ended by a car, which also got rear-ended. I fractured my arm and my wrist. Should I sue the driver who hit me, since he is the one who hit me? Or should I sue the driver who hit him, since the driver who hit him caused him to rear-end me?
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Answers (1)
Without a copy of the police report and a full understanding of the facts, it is difficult to provide a conclusive answer on who is at fault and who is potentially liable in a court of law. Generally, you should sue the party responsible for the damage. Lets call the driver who hit you Party A and the driver who hit him party B. Since Party B was the actual cause of the accident, Party B may be the best person to sue. However, Party A may also have been partially at fault, for example if his car was close to you. Furthermore, if you sue Party A, Party A’s insurance company could then sue Party B to recover the damages they paid out to you. Because of the complexity of the situation you should speak to a personal injury attorney who can help you determine who the responsible party is.
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Posted by Christy Rakoczy on 28 Jan 2010
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