Does this situation hold any legal validity?
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 steer clear of her, resulting in a minor collision. Almost immediately after, the car behind me, which was tailgating, rear-ended me. The driver of that vehicle had her airbags deploy and suffered a broken arm. Fortunately, I was unharmed and not responsible for the initial accident. Although they’re still assessing liability for the rear-end collision, the driver who hit me is now filing a claim against me for “residual bodily injury.” Does this have any legal merit? I took defensive measures to avoid a crash, yet I’m facing a claim for her injuries? While I have insurance, this seems deeply unfair. My insurance company insists that I’m not at fault.
Has anyone experienced something similar or have advice to share?
I’m not a lawyer, but I can offer some general insights on your situation. It seems like you were not at fault for the initial accident, and if your insurance company agrees with you, that’s a positive sign. The fact that the woman behind you rear-ended you suggests that she may be primarily at fault for that second collision, as she was following too closely.
As for the claim she’s filing for “residual bodily injury,” it’s not uncommon for individuals involved in accidents to pursue claims for injuries, even if they are not fully at fault. However, given that you attempted to avoid a collision and your insurer believes you’re not at fault, it may be worth discussing the situation with them further. They can help defend against her claim and provide guidance on the best next steps.
You might also want to consider consulting with a personal injury attorney who can offer specific legal advice based on the details of your case. They can help you navigate any potential claims and ensure your rights are protected.
Don’t hesitate to keep your insurance informed about any developments, and document everything related to the accident, as it can be helpful in your case. It’s essential to stay proactive but also to understand that the liability determination process can take some time.