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parked car rear ended. 30% liable?

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J

jhd

Guest
texas, dark straight road. saw pick-up flipped over in ditch, partially on road. passed it and parked car with flashers on. an suv parked behind me,also with flashers on. Got cell phone out of car to call 911 and walked towards the pick-up. another car crashed into the parked suv behind my car and the suv first hit me and then my car.
Now the insurance of the car that hit the suv tells me that i am 30% liable for my medical costs and the damages to my car. The insurance gives as reason that the police report mentiones: Other factors/conditions may or may not have contributed: "parked in traffic lane". So it does not state that it did contribute!
this sounds not right to me, the driver of the car that crashed into the suv should be 100% liable.
How should I handle this.
Wouldn't the good samaritan law apply here?
 



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