Who is responsible, financially, for this accident?
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Who is responsible, financially, for this accident?
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I was in a car accident this weekend involving three cars. My car was not at fault as we were stopped at a red light that had just turned green when a minivan plowed into a car behind us which plowed into us. The minivan driver gave us insurance information for his mother which turns out to be an issue (can't tell if it's active or something), and my insurance company is saying that we will owe the deductible because of that. In Maryland, however, isn't each driver responsible for their vehicle at all times? So, in effect, isn't the woman who hit us just as responsible for damage and injury as the man who hit her??? I'm about to go see my doctor because of my pain from this, and I suspect a whiplash. I don't have intention to sue, I'm not that person, but I don't see why I should have to pay a deductible as we are the victims. I have no problem paying the doctor's bills, rx bills if necessary, pt bills, and getting reimbursed for that and time missed from work, but I definitely have a problem paying a deductible.
I want to know, according to Maryland law, who are the responsible parties. Is the woman who hit us responsible for our damage? Couldn't her insurance go after the other guy for both? Why do we have to even worry about this??
Additional Details
While I don't intend to sue, I have had an even worse accident in the past which made me deal with lawyers. Depending on the extent of my injuries, need for further pt appointments, etc, that will all determine what I do in the end. But I do prefer to at least begin with allowing the insurance company to do their part...after that, it all depends on how bad it really is. My main concern is my health, since I have had a weak back and neck since the first accident.
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ModelFlyerChick
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I'm not sure about Maryland law since I'm in Texas. In this state the minivan driver would be 100% at fault for damages and injuries to all parties.
I was rear ended almost 2 years ago in similar type of wreck and was not at fault. My insurance company did require me to pay the deductible which was re-imbursed to me later by the at-fault party's insurance. |
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doc_holliday1863
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Well for sure it's not your fault i live in PA and the one driveing the MiniVan would be compleatly at fault and would be liable for all damages and injuries.
If for some reason the driver who is at fault has a problem of not being active then your only choice is to pay your deductable to get you and your car taken care of.
Now you have to get a lawyer to be reinbursed your expences, i know i dont like this answer either but i wish yout the very best. |
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Ezweb
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You sound like a nice person. Sorry this happened to you. The women probably feels the same way as you. Why should i be the one involved in this let the first guy that caused the accident deal the trouble.
I don't know the law i just wish you all the best. |
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knuckle dragger
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I see that you don't intend to sue. While I can understand your natural feeling that you do not want to be viewed as a shyster, I can tell you from personal experience that you SHOULD get a lawyer! There is nothing wrong with protecting your legal right to be made whole. Additionally, given the complexity of your accident, you should let a lawyer coordinate your interests regarding whom is to blame.
Don't sign anything that the insurance compancy sends you and don't speak to them! Most medical releases actually allow the insurance company nearly unlimited access to your personal history (not just your current medical symptoms). Don't even associate with your own insurance company. Anything that you sign or say will come back to bite you since insurance companies treat every victim as an offender.
I'm no fan of lawyers. However, when a guppie goes swimming with hungry sharks, the little fish a shark of his own. That, or swim into the shark's mouth with you head held high! |
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Dave p
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The minivan driver is at fault for all of it. :) |
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Bandett
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in floria we have buy uninsured insurance to cover our car if an uninsured person hits you..do you have uninsured coverage on your policy? |
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Jacq F
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The person responsible is the drive of the vehicle which hit you. They may then in turn sue the driver who hit them for the cost of their own repair or deductable plus whatever they had to pay to you. |
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sydkan
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The minivan is responsible. the vehicle behind you wouldn't have hit you unless it had been hit first so they are just as much of a victim.
Have your ins company take care of the damages this is what you pay them for. Yes, you have a deductible. But unlike what some people think this is not a punishment from the insurance gods, this is what you agreed you would be responsible for whether you are at fault or not.
Also your are contract bound to assist your insurance company in their investigation this means yes, you have to provide them with a statement despite what others may tell you. Also a medical authorization is used to get bills, xrays, and medical records as it relates to your loss. We can't very well pay you for injury if we do not know the extent and the medical professionals do not just send out records.
Your insurance compnay is there to assist you. You should be dealing with them and assisting/cooperating with them in the investigation and handling of your claim. |
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