who is at fault when the car behind me is rear-ended and hits me?

I was yielding to pedestrians in the walkway before making a right turn. The vehicle behind me was stopped behind me but was rear-ended and then their car hit me. Turns out the guy who caused the accident (who rear-ended the middle car) doesn't have insurance coverage. Both myself and the middle car have the same insurance company. My adjuster is telling me that the claim will go to my uninsured motorist's coverage on my policy. I was always taught that if you are hit from behind while stopped, and then your car hits the car in front of you, you are STILL at fault for the damages to the vehicle in front of you because you were too close. I was taught that you should be stopped no closer than a full vehicle length behind another car exactly for this reason. I don't believe MY policy should pay for this at all, even under the uninsured motorist's coverage. I believe the middle car's policy should be paying on my damages. Is this something that might be determined by state law?

[maxjlone]

The one who hits the other in the rear end is at fault, no matter if the person in front of them has working lights are not, because by law they will say you were following to close and should of had enough distance between you and the other car to avoid the collision. You may want to ask that person you were speaking with to put all her statements in writing on their company letterhead. The reason I say this is because some company's provide incentives to their claims people to reduce or eliminate claims entirely.

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Jason Reece is one of the leading criminal defense attorney's in the North Carolina area. He deals with charlotte dwi and many more cases. Visit his website for more information.

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