Who's liability is it?

[marshur]

In an auto accident, if the other driver was ticketed for following too close, isn't it allways the person who was ticketed who's liability of the accident it is?
In Arkansas.

 

[Pfaffing85690]

No, not always. Ever hear of contributory negligence?

 

[marshur]

Well, this is the whole story. Any advice? My 17 year old daughter was rear ended by another teenager that had problems with my daughter. The girl was tailgating my daughter, and my daughter taped her brakes, and then was hit.
At the sene, the girl told the police that she was not driving, said that this other girl in the car was. So, the police gave my daughter and the other girl that really was not driving, a breathalyzer test. They both passed.

At the hospital, blood and urine test where done on all victims of the accident, and the girl that really was driving was drunk, and the passenger was too. The girl that said she was driving, was not seen by the ER that night. The blood test for all 3 people in my car was clear.
Anyway, my ins company is state farm, and theirs is too, her mother is an agent. They are trying to say it is my daughters fault, for "tapping" her brakes. The girl that said she was driving was ticketed with a following too close. Shouldn’t that prove who was at fault?
I feel I will not get treated fairly because of the mother being an agent for state farm. It was already been two weeks, and the insurance adjuster has not came back with who's liability it is. What can I do??
For one thing, I may need an attorney to prove it was the other car's fault, and that the other girl was driving.

My daughters do have minor injuries.

 

[Pfaffing85690]

Turn this entire mess over to YOUR insurance adjuster. Let State Farm deal with it on their own. IF you do need an attorney and IF you have full coverage, then the insurance company will provide one for you.

Now, you say "everyone in my car"...so that means there was more than just your daughter. Did anyone see who was actually driving? If so, you need to tell the insurance company AND the police who was actually doing the driving.

 

[marshur]

In my car was my 17 year old daughter, driver, her boyfriend, passenger, and my 14 year old daughter in the back seat. No one saw her driving, but we know she was, because she tailgates my daughter many times when she sees my daughter uptown. I know we can't prove that she was diving, it just makes me mad that she walks away with out any fault. The police at the scene did not give her a ticket, because no one saw her driving. The only ticket that was given was to the girl that "said" she was driving. My problem is her insurance adjuster is stalling, and telling me the liability is questionable, because my daughter said she "tapped her brakes". I thought if you are rear ended, and if the other driver recieves the ticket, then that proves who is at fault and who's insurance liability it is.

 

[marshur]

Also, I have turned it over to State Farm, but both cars have State Farm, and the other car's owner is an agent for State Farm.