Who Is at Fault, Dont want to file Insurance If I am, the other person has not filed?

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Who Is at Fault, Dont want to file Insurance If I am, the other person has not filed?

Hit another car in the rear, Tickets were issued, He received a Reckless Driving Ticket for intentionally stopping in Middle of Road, I was given Careless Driving Ticket because I was unable to stop before hitting his car the Police said this was a much lesser ticket but that they had to issue because I hit the car in the rear, Under these circumstances who is considered at fault for the accident.

Asked on April 25, 2009 under Accident Law, Colorado

Answers:

BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

 

Colorado car accident law is now based on a fault system – which means that the at-fault driver, or the at-fault driver's insurance, is responsible for all of the damages the victim sustains. That includes economic damages such as medical bills and lost wages and non-economic damages such as pain and suffering, permanent impairment and permanent disfigurement. In this situation, it sounds as if the other driver was “more” at fault than you were and should be responsible for your damages. However, whenever both drivers were issued tickets – regardless of what those tickets entailed – it complicates the situation. If you are not able to successfully resolve the matter with your insurer, contact a Colorado bad faith insurance attorney to discuss your options.


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