Florida Liability Inquiry
I’m seeking clarity on a recent accident involving three vehicles. The driver in front of me failed to stop in time and collided with another car. As a result, my vehicle struck the uninsured driver who caused the accident.
The initial at-fault driver, who was driving illegally and without insurance, attempted to flee the scene and repeatedly hit both the car in front of me and mine in the process.
Yesterday, I learned from my insurance company that the driver of the car that was initially hit, 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 contact with her car. The uninsured driver hit her, and then I hit him.
I shared the police report with my insurance company, which supports my account of the incident. Both the report and the account of the woman who was initially struck align with my version of events.
Do I have any liability in this situation?
I’m not an attorney, but I can provide some general insights into your situation. In Florida, liability in car accidents is often determined by the specific circumstances of the incident and how the law applies to those facts.
From your description, it sounds like the uninsured motorist was primarily at fault for the accident, as they initiated the chain of events by hitting the stopped car and then fleeing the scene. Since you didn’t directly collide with the first car and were following the uninsured driver, you may have a compelling argument against being held liable for that driver’s claim.
In Florida, the “but-for” test can be used to establish causation—if the uninsured driver had not hit the first car, the subsequent accidents involving your vehicle may not have occurred. Given that you have evidence (the police report and corroborating statements) supporting your claim, have you notified your insurance company clearly about the circumstances of the accident? They should investigate and should factor in the police report and statements when assessing liability.
You might also want to check whether your insurance policy includes uninsured motorist coverage, which could provide additional protection in this case. I recommend consulting with a personal injury attorney or an insurance expert to get tailored advice and to discuss the specifics of your insurance coverage and any further actions you may need to take.