who is at fault

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 9, 2016

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Insurance Question from Brodnax, VA

Asked on 01/09/2016

who is at fault ok whos at fault i was driving down the left lane of a 3 lane interstate at 65 mph, now the car in front of me hit an unattended parked car that was parked in the left travel lane at night with no lights on, no hazards, no emergency flares or cones to indicate the car was parked or stopped, the car in front of me hit that car and flipped up the jersey wall on the left...now,,, ( I had no idea why the car in front of me lost control and why is was flipping up onto the jersey wall nor did i see the unattended car that was parked in the left lane in front of the car in front of me hit) ,,,but i had adequate space and time to react to the car in front me that had for some reason lost control , so to avoid hitting the car in front of me i had room to the right of me to safely change lanes and enter the center lane, I did not want to lock up the brakes to try to stop my 1987 Volvo due to the age of the car , it does not have anti lock brakes, so instead of slamming on the brakes and having an uncontrollable skid which would have made things worse and causing me to hit the car in front of me , or skidding while changing lanes and causing me to spinout and getting hit by another car or hitting another car, that's why I chose to change lanes with out slamming on my brakes,,,, but when i entered into the center lane,,,,, the car that was in front of me that hit the unattended car some how made or forced the unattended car to roll backwards and into the center lane cross wise (drivers side of car facing traffic front of car facing left lane and divider wall) and i inturn hit that car broad side with the front of my car , while still traveling about 55mph. i am the only one who was hurt , seat belt burns broken ribs and sternum from slamming up against the steering wheel, since my cars age there wasn't any airbags, so how would they consider fault in this situation, there were no tickets handed out that I know of , how would the insurance agency consider who is at fault....

Answer given on January 11, 2016

If a car was illegally parked on the roadway with no flashers or lights, and it struck your car due to the other driver hitting it, the parked car owner will most likely be considered to be at fault in the accident.Due to the age of your car it will most likely be considered a total loss. If so, they will take the car once they determine the value of your car. The value is determined based on the actual cash value of the car which can be found in various blue books, ads in the area and dealer valuations. If your car is driveable you may be able to get the totaled value of the car and then buy it back to have it repaired.If you did have collision coverage on the car I recommend that you file the claim through your insurance company and let them handle the whole thing, including your injuries, if you have medical payments coverage. Otherwise the parked vehicle insurance will have to pay for your injuries.

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