Rear ended

[jaydeanster]

What is the name of your state?What is the name of your state? Arizona

I was rear ended just after Christmas. Here are the possible scenarios:

Car#3 (me)
Car#2 (middle car)
Car#1 (last car)

Scenario #1

Car#2 rear ended me which then resulted in car#1 rear ending car#2

OR

Scenario #2

Car#1 rear ending car#2 which then rear ended car#3 (me)

I have talked the insurance of car#2 (recorded) and they concluded that they are not at fault, therefore I couldn't file a claim against them because they putting the blame on car#1. Unfortunately, car#1 hit and ran, but we were able to report to the police his license plate. Being that he ran, I doubt I will be able to collect anything anyway because he may not have insurance or could be running from the law.

Is there any recourse here for me because I do not want to spend the money to fix my bumper for an accident which is not my fault. I would like to claim that car#2 is still at fault because her car was too close to me.

Please advise.

Thanks,

Jay

 

[Lynx 36]

How many impacts did you feel, one or two?

 

[jaydeanster]

Arizona

I felt one impact.

 

[ckaleialoha]

CALIF.
I was involved in the same type of crash July 2004

car1 chair fell off the bed of the truck
car2 slammed on his brakes
car3 slammed on her brakes, hit car2
car4 (me)hit the breaks, barely hitting car3
car5 rear ended me so hard, my air bags were deployed

I had no insurance, car1 admitted fault and the cause of accident according to police report, I called car5 ins and they said according to police report car1 was at fault, and I needed to go after car1 insurance. car1 insurance stated they are not accepting liability. I'm stuck as well, car 3 is coming after me to fix her bumper, which we are making an agreement on. Meanwhile my car's bumper is still damaged. car1 insurance adjustor had came out and deemed my car totalled, would have given me $4000, but I owed 7000. At that time, I thought it was unnecessary, because my car ran fine, except of course of the air bags and bumper. Now, when i called car 1 ins back last week, they told me they weren't accepting liability. My car is just breaking down all the time now.

 

[Lynx 36]

If you felt one impact then U1 hit U2 then pushed U2 into you. If you would have felt two then U2 would have hit you, then U2 would have been hit by U3. So driver of U1 would be at fault here.

 

[teflon_jones]

It appears from what you've presented that the last vehicle in the chain (the hit and run) was entirely at fault for this. You have no claim for the second vehicle being too close. They did not hit you because of any actions of their own. You need to do your best to go after the owner of the last vehicle. Don't assume they don't have insurance. You can also sue them in small claims court.

 

[jaydeanster]

If I proceed with the small claims court suit, then do I need to file that suit where the defendant is reported to be residing?

Based on the license plate and the initial record from the Police report, the defendant to be lives in California while I live in Arizona.

 

[Lynx 36]

You file in the county the acident took place in.