My mother and I were in a car accident where the man hit us from behind doing 65mph. Now we are being told they aren't responsible. What can we do?

Question Details:

We were hit from behind by a man having a heart attack, he was doing 65mph. The man died 3 days later. He worked for a car dealership and the car was leased to them. The car insurance company says that they aren't liable for any compensation because of an exemption memo that the dealership sent to all employees stating that they have to sign out the car for the insurance to cover them. My mother and I were both hurt and taken to the hospital. I have cronic shoulder pain and can barely raise may left arm at times . My mom has pain in shoulder. What can we do?

Asked 10/31/2009 under Auto Accidents | 226 View(s) | More Legal Topics

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Auto Accidents Law Answers

I am a lawyer in CT and practice in this area of the law.  The person that hit you from behind i usually at fault for following too closely.  There are rare circumstances where you can be at fault such as stopping short for no apparant reason.  If the at fault driver's insurance company is disclaiming liability, you need to hire a lawyer asap to file a lawsuit against the at fault driver.  When you meet with the lawyer, i suggest that you bring a copy of the police report so the lawyer can determine liability and know the name of the insurance copy and proper defendant in the lawsuit.  you and your mom need to continue to treat with a doctor.

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