What are my rights if I was recently involved in an automotive accident and determined to be at fault?
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What are my rights if I was recently involved in an automotive accident and determined to be at fault?
The accident involved 3 cars in a row. The car in front was rear-ended by the car in the middle and the car in the middle was rear-ended by me. I was placed at fault. However, if the 2 cars in front of me had a collision prior to mine that caused my collision into the middle car, is there any legal action I can take – towards my insurance company for not offering any sort of compensation or towards either of the 2 parties in the other vehicles? The accident left me financially crippled. My insurance rate is also being inflated due to the accident. I would like to seek compensation or a way to have the fault of the collision placed on me if possible.
Asked on December 18, 2014 under Accident Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you believe another driver was at fault in causing the accident, you could sue that driver--to recover compensation, you'd have to prove in court that the driver was at fault.
If you believe your insuer has violated its contractual obligation to you by not paying when it should have under the terms of your policy, you can sue it for breach of contract. To win, you'd have to prove that under the terms of the policy and the facts as they existed, that the insurer should have paid.
And, of course, you could sue both another driver and your insurer. If there is as much money at stake as you imply, it would be well worth your while to discuss the matter with an attorney in detail in person.
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