Expert: Anne - 8/20/2008

Question
I was in a low-speed 4 car accident in New Hampshire. Here's how the police report reads: Vehicle 4 stopped suddenly to allow another car to make a left turn. Vehicle 3 (me) tried to stop but hit Vehicle 4 - causing minor damage. Vehicle 2 stops behind Vehicle 3 - but does not hit. Vehicle 1 then hits vehicle 2 and Vehicle 2 is pushed into Vehicle 3 causing additional damage to Vehicle 3. Vehicles 2 and 3 sustain damage to the front and rear of each vehicle. Vehicle 1 sustains minor damage to the front and Vehicle 4 sustains minor damage to the rear.

Do I have a claim against Vehicles 1 and 2, or only Vehicle 1 since it pushed vehicle 2 into my car (Vehicle 3). I do not have collision coverage on my (NH) insurance.

The radiator was damaged so the car is not driveable (1998 Ford Contour with 130k miles).

Thank You,
Heather M

Answer
Hello Heather

It is unlikely that you have a “claim” against 1 or 2, however, nothing stops you from arguing it. In most circumstance, the vehicle that hits from behind pays (you were also hit from behind, so you are owed that).

Although what 1 and 2 did is clearly wrong, the duty is on the driver behind to conserve a safe distance. If you hit them, you were either following too closely or going too fast. Both will put you at fault (the majority).

You can recover for your damages on the rear of your vehicle. Talk to the insurance company of 1 and 2 and see if they pay you.

To learn how insurance companies determine fault, visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Good Luck,
Anne
http://www.SpokaneLegalHelp.com