Q: Am I at fault for his car or is he at fault for mine? What should be my biggest concerns right now?
I got into an accident driving alone a couple days ago and I only have a permit.I turned 18 less than a month ago. The driver in the other lane fell asleep and was swerving which in turn ran me off the road and resulted in me crashing into the railing. His car was fine and he kept driving. After exiting my car to assess the damage another vehicle approached and told me to get farther away from my car because the angle of my car made it hard to see at night. After about 10 minutes while we were waiting for the police to arrive another car came speeding down the road and crashed into my car making the damage 10 times worse. I have a clean record and no run ins with the law if that makes a difference.
A: It is not clear whether the "swerving" car which arguably caused the accident has been identified. If so, the driver of that car may well be liable for the damage to all three cars. Otherwise, it appears that the car that hit yours is liable. Have you notified the insurance companies?
A: If you were hurt contact a member of the Fla Justice Assn--they give free consults. The uninusred motorist is at fault so you have a potential uninsured claim but that doesn't include car damage or damage to the railing. If that person was found--and you need to check with police--then that is your main claim.Theperson that hit you may be responsible for that part that they hit. Fact you had a permit should not be an issue --that doesn't give someone the right to run you off the road or hit you while disabled.
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