Does this situation hold any legal weight?
I recently experienced a car accident where another driver made a sudden left turn in front of me, failing to yield at an intersection. I attempted to avoid a collision, but we had a relatively minor impact. Almost immediately after that, the car behind me rear-ended me because she was tailgating. Her airbags deployed, and she suffered a broken arm. Fortunately, I’m uninjured and not at fault for the initial accident. However, the authorities are still “determining liability” for the rear-end collision. Now, the woman who hit me from behind is filing a claim for “residual bodily injury” against me.
Is there any legal basis for this? I took evasive action to prevent a crash, and yet I find myself facing a claim for her injuries. I have insurance, but this feels fundamentally unfair. My insurer is clear that I’m not at fault.
Has anyone else been through something similar or have any advice?
I’m sorry to hear about your situation; that sounds really stressful. Based on what you’ve described, it seems unlikely that the claim for “residual bodily injury” against you has legal standing. Since you were not at fault for the initial collision and were rear-ended by the other driver, typically, that driver would be considered at fault for the injuries they sustained in the rear-end accident.
It’s common for insurance companies to investigate these types of incidents to determine liability thoroughly. If your insurance company is affirming that you are not at fault, that’s a good sign. However, it’s important to document everything, including any communications with your insurance and details related to the accidents.
You may want to consult with a personal injury attorney who can give you specific advice based on your situation and help ensure that your rights are protected. They can help clarify the legality of the claim being issued against you and guide you on the best course of action. Meanwhile, keep all evidence related to the accidents, including police reports, photographs of damage, and any medical records, as these may be important if this escalates.