Ifa car is chased by another car and the driver looses control crashing into my home, who is liable for the damage?

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Ifa car is chased by another car and the driver looses control crashing into my home, who is liable for the damage?

A car was being chased by another, it was hit at some point, the driver of the vehicle being chased lost control of the vehicle and crashed the car into the side of my home causing severe damage and minor injury. The insurance company for the car who hit my home claims they only have to pay 30% and that I need to get the other 70% from the insurance company of the other car who is claiming their client did not hit the car. She confessed to police is awaiting trial.

Asked on January 25, 2011 under Accident Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry to hear this.  First of all, why are YOU doing the collecting?  Didyou report the claim and damage to your insurance company?  You should have.  You may have a right to collect under your policy for the damage done to the house. Then your insurance company will subrogate the claim on your behalf, meaning that they will sue the other drivers to recoup themoney they paid out.  Otherwise, I would just sue both cars for the damages and let them fight out the percentages.  When you say that she "confessed" to the police do you mean that she gave a statement that was witnessed?  Is it the Police Report?  That report could pose evidentiary problems for you.  Try your insurance company and then speak with an attorney in your area.  Good luck to you. 


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