Asked by user in California.
I think I messed up. I wish I had read this article before I talked to the other insurance and gave my statement in writing. If there was a third car involved but the car left the scene and the second car hit my car, is their insurance responsible? The insurance of the other car is refusing to pay because it wasn't their insured fault. Even though the other car went into my lane and hit me. I know there is no going back on my statement because there are emails.
I’m sorry you were involved in an accident. It’s hard to say what could or should happen without all the facts of what happened. However, if there were 3 cars involved, there should be 3 insurance companies involved in establishing liability and determining settlements for each of the parties.
California is a comparative fault state. That means each driver could bear some liability for the accident. If you have any fault (even if you didn’t cause the accident), the court or insurance company can reduce the amount of your damages by your percentage of fault. You can read more about how this works here.
It sounds like this is complicated because of there being 3 drivers involved, 1 who left the scene, and some dispute about liability. My suggestion is that you consult a personal injury lawyer who will represent your interests. Your lawyer will look at all of the evidence (accident report, any evidence from the scene, witness statements, etc.) and determine the best course of action for you, how to minimize your liability and maximize your compensation. If you need a California lawyer, please feel free to use the Enjuris law firm directory to find a capable attorney nearby. Best of luck!
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