Is Car A responsible to repair my car also.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 4, 2011

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Insurance Question from Houston, TX

Asked on 02/04/2011

Is Car A responsible to repair my car also. I hit the back of another auto (car b) that was hit by (car A) who cause the accident. There was no way I could have avoided hitting (car B). The officer said in the report that Car A is responsible and should fix both cars. Car A insurance is refusing to repair mine.

Answer given on February 05, 2011

Multiple car accidents are often very difficult to settle to everyone’s satisfaction.   The description you are giving seems confusing, since it’s hard to see how you could have hit car B without hitting car A.  However, the adjuster seems to be determing that these are two separate accidents.

The first accident is when car A hit car B.  You were not involved in this accident, nor does it appear you were caused to hit car B by any part of the first accident.  This then makes your accident you and car B.  Obviously, car B had no responsibility in this accident, other than just being there.  Therefore, since you rearended the car, the accident is most likely to be determined to be your fault so your insurance will be responsible for your repairs (less your deductible) and the extra damage to car B.  You should discuss the overall incident with your adjuster to see if there is anyway that could determine that you would not have struck the other car if the first accident had not occurred.

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