Auto Insurance Forum

Feb. 27, 2007

My vehicle was hit from behind, causing me to hit the vehicle in front of me. The driver of the vehicle that struck me was uninsured; now the owner of the vehicle that I rear-ended expects my insurance to cover their damages. Is my liability insurance responsible for paying the person I hit even if it was not completely my fault?

Jeanette, Arizona

If you have a police report that clearly indicates who is at fault in the accident, forward a copy of it to your insurance company. If police were not called to the scene, it can be your word against that of the other drivers.

If the accident occurred at a stoplight or stop sign, then driver number three, which is the driver who rear-ended you, will be initially responsible. As driver number two, you can be held partially at fault if police determine you were too close to the vehicle in front of you or could otherwise have avoided hitting car number one. Your portion of the damages to driver one in the vehicle at the front of the line would be worked out by your insurer.

Driver number one will likely have to sue driver number three to recover any damages, since driver three is uninsured, but that won't involve you. Driver one could still file a claim under his or her own insurance as well.

Your insurer may indeed be responsible for paying a portion of the damages for driver one, but not because driver three is uninsured; it's because you may share in the fault of the accident.

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