Q: I was hit by a car that was rear ended. Who is responsible for my damages?
I only have liability. Insurance of the Car that hit me is denying liability. Car that rear ended it has no insurance. I was waiting to turn out of parking lot. Car that was turning into parking lot was rear ended and pushed I to me.
A:
You may only have liability insurance, but did you elect not to have uninsured motorist coverage? Check the declarations page on your policy. If you have "UM" coverage this would act to provide coverage on your behalf for the third car.
As I understand it the issue is who is at fault. You are likely not at fault based on your description. Tennessee has comparative fault. A jury assigns each party a percentage of fault and the defendant pays only its percentage. So if your damages were 10,000- and you were zero percent at fault and the 2nd driver was 10% and the other driver was 90% (I am just making these up for purposes of example) then driver 2 would pay or be liable for 1,000. Driver 3 would be liable for 9,000. I hope this helps.
A: You should make sure police ticketed the person with no insurance. Tell them you will report them to DMV for not hanving insurance which can get their license suspended.You can sue them in small claims but should talk to a member of the Tenn Assn for Justice if you wre hurt--they give free consults.
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