Visitor Question

Insurance denying liability in multiple car collision?

Submitted By: Terry (Atlanta, GA)

I was hit first in left lane by a car. The car forced my car forward and over three lanes. The car that hit me started flipping after it hit me, causing traffic to stop in the middle lanes. My car moved to the right and forward. Once I was in the right lane, a flat bed truck hit me from behind. The car behind the truck did not hit him (the driver in the car went around us after we put our hazard lights on).

I suffered a lot of injuries from the rear impact and my car was totaled. The police report states the first car’s driver was issued a citation for improper lane change. The truck did not receive a citation, but following too closely was written on his police report. The police wrote it up as two separate accidents.

The first car’s insurance has never denied liability. The second has denied liability from the beginning. Shouldn’t both be liable? The second driver hit my car directly from behind, he did not clip my car. All traffic had stopped, clearly he saw my car crossing lanes and ending in his lane.

If the driver didn’t see this happening it means he was not paying attention. He also gave false insurance information and an invalid telephone number on the police report. He then went to his employer and told them he was involved in a hit and run. Shouldn’t the truck driver also be liable for the accident? What can I do about this? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Terry,

From the facts you present, it appears when you refer to the second car, you are referring to the truck which collided with your car from behind. It is curious that the police officer entered a notation regarding the truck driver “following too closely” yet did not ticket the driver.

Without studying the police report it is difficult to give you a conclusive answer. Here’s some information on using police reports to help your claim.

You infer the initial impact caused your car to be propelled across three lanes of traffic. If that was so, then it is very likely the truck driver had little, if any time to react. However, if that was the case, the question remains, why did the police officer note in the police report the truck driver was following too closely?

Your injuries were serious, and the facts surrounding the collision are blurred at best. We recommend seeking the advice and counsel of a personal injury attorney in your area. When liability is disputed in a multi-vehicle accident like yours, it’s very difficult to handle the case yourself. You will need an attorney to protect your interests.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 11, 2016

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