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    rooneymom's Avatar
    rooneymom Posts: 2, Reputation: 1
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    #1

    Feb 25, 2010, 09:52 AM
    We were hit by a car and pushed into another car. Whose at fault?
    We were hit by a car and pushed into another lane and hit a car, the police report states this and the officer said it was not our fault, but the lady we hit ,insurance is coming after us. Can we fight this or do we have to pay for it. We live in TN.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 25, 2010, 10:11 AM
    Quote Originally Posted by rooneymom View Post
    ... but the lady we hit ,insurance is coming after us...
    Her insurance company has sued you?

    If so, is there something important you have not told us about the accident?

    Notify your insurance company and demand that they defend you.
    rooneymom's Avatar
    rooneymom Posts: 2, Reputation: 1
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    #3

    Feb 25, 2010, 10:30 AM
    Quote Originally Posted by AK lawyer View Post
    Her insurance company has sued you?

    If so, is there something important you have not told us about the accident?

    Notify your insurance company and demand that they defend you.
    No they have not sued us ,they are threatening to sue. We heard nothing about the accident for 4 months and then the other day we received a letter from a company stating that we have to pay or they will sue us. We didn't go through our insurance because we had liability and the damage to our car was from the other car that hit us , we had no damage from being pushed to the other car. She had a little front end damage . But we were not moving and she was driving when we collided. But this was the fault of the car that hit us and then he took off. We thought he was driving to the parking lot but he drove right through it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 25, 2010, 12:20 PM
    Quote Originally Posted by rooneymom View Post
    ... We didn't go through our insurance because we had liability and ...
    The other insurance company is claiming you are at fault. This means liability. Your insurance company has an obligation to defend you if you are sued, and to pay the claim (to the policy limits) if you are found to be at fault (which isn't likely from what you say).

    Your insurer might want to also sue (in defense of the claim from the driver of the car that you hit) the driver of the car that hit you, but that would be their problem. You are covered by insurance. Use it.

    You also should have made a claim against the insurer of the car that hit you for your damages.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 26, 2010, 07:34 AM

    In NY the woman you hit has no choice but to sue you AND the person who hit you and forced you into her lane - there is no direct connection between the woman you hit and the other car.

    Also in NY you don't have to demand that your insurance company defend you. Defending you is their responsibility. I trust your insurancec company has a full report of the accident and received the report within the time constraints of your State's laws. Send the letter to your company.
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