What happens if I was rear-ended and insurer only wants to pay 60%?
Question Details:I was involved in a car accident. The person in front of me slammed on their brakes and I slammed on mine hitting the vehicle. Then another vehicle hit me from behind. My insurance has already deemed it my fault and paid to fix the initial vehicles damages. I filed a claim with State Farm who was the insurer of the guy behind me and they told me that they are only responsible for part of the damages to the back but not the whole thing. They say the reason is because he tried to avoid the accident and that we caused an emergency situation. Do I accept the 60% or 100%?
Nonsense. The driver who hit you had the same duty of care, to be able to avoid a pair of collided vehicles in front of him. It was a foreseeable hazard. You need to have a lawyer representing you, because your real alternatives are taking the 60% or trying the case, otherwise.
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