Is there any legal basis for this situation?
I was involved in a car accident where another driver made a sudden left turn in front of me, neglecting to yield at an intersection. I attempted to avoid the collision, but we ended up having a relatively minor impact. Almost immediately after our collision, the driver behind me hit my car from the rear, as she was tailgating. Her airbags deployed, and she suffered a broken arm. Fortunately, I was unharmed and not responsible for the first accident. The insurance companies are currently “determining liability” for the rear-end collision, but now the driver who hit me is filing a claim for “residual bodily injury” against me.
Do I have any grounds to challenge this? I acted defensively to prevent an accident, yet I’m facing a claim for her injuries. I do have insurance coverage, but this situation feels unjust. My insurance company insists that I am not at fault.
Has anyone else experienced something similar or have any advice?
I’m not a lawyer, but I can offer some general insights into situations like this. In many jurisdictions, liability in car accidents is determined by the circumstances surrounding each collision. Since you were involved in two separate incidents—first with the driver who turned left in front of you and then the rear-ended collision—it complicates things a bit.
From what you’ve described, it sounds like the other driver who rear-ended you may indeed have some liability for the injuries she sustained if she was following too closely and couldn’t stop in time. Generally, tailgating is a violation of safe driving practices, which makes it likely that she could be found at fault for hitting you.
As for the claim for “residual bodily injury,” it might seem unusual, but sometimes, individuals involved in accidents try to pursue damages from multiple parties. However, since your insurance has indicated that you are not at fault, they should be handling this situation on your behalf. They will likely investigate the circumstances of both collisions to establish liability.
Document everything related to the accident, including police reports, witness statements, and any other relevant information. You might want to consider consulting with a personal injury attorney to get a clearer understanding of your rights and obligations in this situation. They can provide more specific guidance tailored to your circumstances and help you navigate any claims that come your way.