Q: Car insurance company totaled my car out, but only wants to pay for the rear end damage. Their client is at fault.
Their client was charged with hit and run, DUI, following to closely. He was arrested. He was at fault 100%. My daughter who was driving my car and a witness drove behind the hit and run driver to try to get him to stop the company vehicle he was driving. He then made a complete sudden stop, which caused my daughter to hit his car from behind. That is the damage the insurance company said they are not covering because she hit his car. This sounds illegal..... he caused the entire accident and shall be held responsible fully. Can you assist me on what to do? Thanks
Normally, When some is hit from behind it is the person that follows behind fault. The statute is referred to as following too closely. HOWEVER, if you have witnesses who can show that the person in front improperly stopped in the roadway (another statute) and thereby caused the accident then you can transfer fault to the hit and run driver. Not to mention where there is a hit and run it can also transfer fault.
You may need to call and speak with an attorney and figure out what your next step should be.
I'm sorry to hear that your daughter was in an accident. The insurance company is hiding behind OCGA 40-6-49(a), which is the Georgia law against "following too closely". That law states: "(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway." However, it sounds like you may have a good argument that the other driver was at fault, even though there was a rear-end collision.
I agree that y'all should seek a legal consult immediately, particularly if your daughter or the witness were hurt. Insurance companies often act in bad faith, and a good, aggressive lawyer is needed when that happens.
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