Who is liable?

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Who is liable?

My husband and I had just taken out a loan to buy a boat. We were on our way back home with it. Bought it in Kansas and were at the Kansas/Missouri line, when we were rear ended, totaling the boat. Our vehicle only had liability and the boat didn’t have insurance. Is the person who rear ended us liable for the boat? Also the damage to our vehicle?

Asked on July 2, 2018 under Accident Law, Iowa

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The registered owner of the vehicle that rear-ended you is liable for the loss of your boat and the damage to your vehicle.  You should file a property damage claim with the at-fault party's insurance carrier.
If you and/or your husband were injured in the accident, your personal injury claim(s) are separate from your property damage claim and you should notify the at-fault party's insurance carrier that you will be filing personal injury claim(s).


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