I amhaving trouble determining who would be at fault.

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I amhaving trouble determining who would be at fault.

I was recently in a car accident. I was traveling on the highway at 3 am and there was a stationary vehicle in my lane. The car was facing me and it did not have any lights on at all. Also the highway was not lighted at all. I swerved to avoid striking the car head on and my car started spinning around and struck the median.

Asked on April 29, 2009 under Accident Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The owner of the other car is liable for all damages.  This includes damage to your car as well as any personal injuries that you may have suffered.  If the the owner doesn't have insurance or the owner of the vehicle for some reason can't be determined then you would put a claim in to your own insurance company .  By the way, this type claim will not increase your rates.

Also, even if the owner of the other vehicle was insured if it can be determined that at the time of the incident they were "under the influence" their insurance company may deny to pay out on the claim.  In this event you could sue the other party directly.

Of course all this assume that you yourself were not breaking any motor vehicle laws yourself (ie not DUI or speeding, etc).  This would affect any claims that you may have.

You really should consult with an attorney on this matter.  Try www.AttorneyPages.com.  Many attorneys will offer a free consultation for this type of case.


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