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How is something that is not my fault, my fault?

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Scenario of accident. Old BMW was sitting in the middle of the interstate, it was not parked but not moving either. I slam on my brakes, not enough to stop completely and bump into the car. Damages: my car-left head light broken, other car-none to my knowledge during the scene of the accident. We both pull our cars over. I ask the other person if he is okay? He answers, YES. There were no police on scene. We exchange information. The driver tells me that he was hit by a semi truck a few minutes before I hit him in the rear. I speak with the semi truck driver. Same story, other person was sitting in road. We do not exchange information.
My insurance company does not pay for my damages. I find out 6 months later when my premium is raised..the other person was paid out approx. $1400 for rear bumper damage and $3500 for medical. Is this legal?? I did nothing wrong and the person was not injured at the scene of the accident. And is it possible my vehicle (a two door coupe) can cause that much damage to an old car ('86 BMW). Is there anything I can do to reduce my premium or convince my insurance company that damages paid were not inflicted by my car? Thanks for the advice!



Dear e82post:
I don't know what state you're in so the following is general information as it applies in many states, hopefully yours also. Regarding liability: If the car you hit could have been moved off the freeway by the driver but wasn't, he/she is probably partly liable (ie, at fault) for car damage. You, too, are at least partly liable for hitting the car, as is the driver of the semi truck driver. Regarding your damages: Why didn't your insurer pay for your damages? If you had comp/coll coverage and the damage amount was over the deductible, they should have paid the difference. And if the other driver is partly at fault, then the other driver's insurer should have paid part of your repair work. Your insurer should have taken care of this for you, as long as you have comp/coll and your damage value was higher than your deductible. If not, you'll have to collect on this yourself. Regarding payments made to the driver of the car you hit: Sounds like your insurer made good on the liability end of your policy. I don't know why they paid out this sum of money. If this sum represents the total amount of damages to the other car, then your insurer found you liable and paid accordingly. However, the other driver may have sustained much more damage but the insurer only paid part of the amount because they found you only partly liable. Also, the insurer for the semi truck may have paid out for part of the other driver's car damage. Your insurer should be able (and in fact is probably legally obligated) to tell you their decision and why they made it. Ask them in writing. Also, most insurance companies have pictures or at least estimates of damaged cars they pay out on; request to see this documentation. Regarding the other driver's bodily injury: It is not unusual for people to experience pain a day or two after an auto accident, even if they didn't experience pain initially. Some people say they experienced pain although they never did. I presume your insurance company has some medical documentation for the money they paid out; ask your insurer about this in writing. Regarding reducing your premium: Most states allow insureds to make a written request to their insurer to have their insurer's decision reviewed. And even if your state's laws don't provide for this, do it anyway. But you have to do it in writing. Again, reminder, I don't know what state you're in so I don't know your state's laws. But this is the general procedure in most states. Best of luck to you.

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