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kbmcnulty

Guest
I had given my fiancée Andrew permission to drive my car to the body shop that he is employed at to do maintenance (oil change, change filters, etc). We live in Maryland and he works in Virginia.

On the way to his body shop, he was involved in an accident. There was a pothole in the road - a few other drivers had already blown tires. The car in front of him stopped prior to hitting the pothole and Andrew hit him from behind (all witnesses said he had not been tailgating). Channel 9 news was filming at this pothole and this incident made the 6PM news. The man that Andrew hit said he was fine - they exchanged information - now the guy is claiming he is injured. Also, there were police there and no one was charged with anything.

My question - is the city or county (there is a question as to where exactly this happened - Montgomery county police were at the accident site, but the news claimed this area was in Washington DC)responsible at all. This pothole was about 1 foot deep and 3 feet wide. The police, who had been there to see other accidents occur, didn't even block the lane off, even though this was clearly a major hazard.

Is my insurance company responsible for the damage done to the driver and the other car, since he chose to stop his vehicle in the middle of a main highway? Should we contact a lawyer? We taped the news segment about this pothole.
 


racer72

Senior Member
It is a drivers responsibility to avoid all road hazards. The driver stopped to avoid a road hazard and was struck by your boyfriend. If your car insurance covers your boyfriend, yes your insurance will have to pay unless you can prove the other driver was negligent in his actions. Stopping in the road to avoid a large pothole probably would not be considered negligence.
 

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