Florida Liability Inquiry
I was involved in an accident where the car ahead of me failed to stop and collided with another vehicle. As a result, my car ended up hitting the uninsured driver who initially caused the accident.
The at-fault driver, who was illegally in the country, fled the scene and hit both my car and the first car repeatedly in an attempt to escape.
Yesterday, I learned from my insurance company that the driver of the first impacted vehicle, who was completely stopped at the time, has filed a claim against me.
I’m confused about how I could be held liable when I never made direct contact with her car.
The uninsured driver hit her vehicle first, and I only made contact with the uninsured driver afterward.
I’ve already sent my insurance company a copy of the police report, which supports my account of the incident. The statements from both myself and the woman who was originally struck align perfectly.
Am I liable in this situation?
In Florida, liability in car accidents can be complex, especially when multiple parties are involved. From your description, it seems that the original at-fault driver caused the accident by hitting the stopped vehicle, and you were subsequently involved when your car struck that vehicle after the initial impact. Here are some key points to consider:
Chain of Events: Since you did not directly hit the vehicle that was stopped and instead collided with the uninsured motorist as a result of their actions, it may be difficult to establish liability against you for the claim filed by the first driver. The circumstances suggest that the uninsured driver is primarily at fault.
Insurance Adjuster Review: Insurance companies typically evaluate the police report and statements from all parties involved. Since you have provided your insurance company with the police report that corroborates your account and the other driver’s account aligns with yours, it strengthens your case.
Negligence and Secondary Liability: In Florida, liability depends on the concept of negligence. If you were following the traffic laws and did not act negligently, it would be challenging for the other driver to prove liability against you. The original driver’s actions appear to be the primary cause of the accident.
Claim Defense: Since you have reported the details and evidence to your insurer, they should defend you against the claim. They will take into account the circumstances and the police report which indicates that you were not at fault for the initial accident.
Consulting Legal Advice: It’s always a good idea to consult with a personal injury attorney or legal expert who specializes in automotive law in Florida. They can provide you with specific advice based on the full details of the accident and help you navigate the claims process.
In summary, while the situation is certainly complicated, based on what you’ve described, it appears that your liability is minimal or non-existent, especially if the facts align with the police report and witness accounts.