If one car pushed another car into me who do Ito go after – the car that hit me or the car that pushed the other car into me?

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If one car pushed another car into me who do Ito go after – the car that hit me or the car that pushed the other car into me?

I was sitting at a red light and a driver pushed another car into my car. Police didn’t establish who’s fault it was. Now neither of the other 2 cars insurers want to pay for the damage done to my car. What if anything I can do?

Asked on July 25, 2011 Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should be able to sue whichever driver was at fault, or was driving negligently (unreasonably carelessly); potentially, you could sue both if both were at fault (e.g. A stopped to close to you; B ran into A and pushed A into your car). Generally, in collisions like this, the rearmost driver is at fault, but it can vary with the exact circumstances.

If you're not sure who was at fault, the thing to do may be to sue both drivers. During the lawsuit, you will have the opportunity to discover or develop more information about who is at fault; if one driver turns out to be blameless, he or she can get the case dismissed as to him or her as that information comes out.


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