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Old 07-09-2008, 06:37 PM
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Join Date: Jul 2008
Posts: 1

Rear-ended


What is the name of your state (only U.S. law)? Texas

I was recently rear-ended by another driver while stopped in traffic. My car was completely stopped, and I had my foot on the brake when I was hit. The impact knocked me forward 4-5 feet and into the rear of the car stopped in front of me. There was no apparent damage to the rear of the car in front of me, relatively slight damage to front of my car, and considerable damage on the rear of my car. My insurance company is telling me that, under Texas law, my insurance will have to cover the damage to the front of my car despite the fact that it resulted from being knocked into the car ahead, because i "did not maintain a safe distance". They say this is not an insurance company rule, but Texas law. Does anyone know if this is true, or if I have any recourse. Or failing that, how to "maintain a safe distance" when you are propelled from a standstill into another car?
  #2  
Old 07-09-2008, 07:21 PM
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Join Date: Feb 2006
Location: Philadelphia, PA
Posts: 20,567
Sounds wrong, but your insurance company would not be paying stuff if they did not have to. It may be that they will pay for that damage and then subrogate the driver behind you. That would be a "joint and several liability" statute.
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