If I was rear-ended in a multi-car accident are both cars behind me at fault?

I was sitting at a red light and suddenly I was hit from behind but another car hit them pushing them into me. Car I go after restitution from both car?

Asked on October 21, 2011 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Let's say you are in Car A.  Car C pushes Car B into you.  Car C caused the accident.  Car C is liable for your property damage and personal injury claims.  You would not have a claim against Car B.

Your property damage and personal injury claims are separate.  You would file your claims with Car C's insurance carrier.  The property damage claim would be the cost of repairs to your car.  Property damage is usually resolved early in the case. 

If you were injured in the accident, when you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means you have reached a point where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with Car C's insurance carrier will consist of the medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If the case is settled with the insurance company, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file your lawsuit for negligence against the driver/owner of Car C.  If the case is NOT settled with the insurance company, you will need to file your lawsuit for negligence against the at-fault party prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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