Expert: Anne - 8/16/2008

Question
My husband was in an accident, fender bender.  He rear ended a vechile that stopped in the lane of flowing traffic because she wanted to throw her husband out of the car.  They said they called the police and since there was no injuries to just exchange info...my husband didn't feel he was getting good info so he called the police and they did come.  The driver of the car he hit had no license or any record of ever having one, no insurance either, she was ticketed for both, but not for impeeding traffic. Our insurance paid to fix my husbands truck...they have filed a claim for $4600 to fix there car.  Now after a few weeks, our insurance is being sued for bodily injury...how can they do this?  She shouldn't have even been driving, how are we liable?  Do we have any rights?  We live in Texas. Thanks...I appreciate any insight you can give us.

Answer
Hello Karen,

Unfortunately, who ever pays from behind pays. That is the basic rule. There are ways around it, and this rule is not set on stone, but the fact is: There is a vehicle in front and the person behind was not paying attention or was not conserving enough distance to avoid the collision. Either situation is a huge breach of the duty to look out.

Your insurance company has a duty to protect you, they must provide a defense for you. That is your basic right. Unfortunately, the fact that she was not insured, not licensed, does not affect the fault decision. The reason for this is because those breaches are not the “proximate cause” of the accident. It falls short on the issue of “causation.”

To learn more about fault, visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
and for more on causation:
http://www.auto-insurance-claim-advice.com/Causation.html

Remember, you must be “on top” of the insurance adjuster investigation. Make sure they look at all facts.

I hope this helps
Good Luck,
Anne
http://www.SpokaneLegalHelp.com