I was rear ended by a car that was supposedly rear ended into me by another car that hit and ran. Can I sue?

Question

I was at a stoplight and I got rear ended by a car. Supposedly another car hit him into me and left the scene without stopping, but I didnt see this car. I took the middle cars information and I filed a claim with his insurance company and they denyed me. There was little to no damage to the rear of his car and there was damage to my rear. Can I sue him with a legitamate chance to win? I never seen the third car, and I don't believe there was one....

Answer 1

If the middle car was stopped and was hit in the back and pushed into you....then it's the very last vehicles fault (not the middle car).

Did the police put the unknown 3rd vehicle on the police report?

If you have collision - file with your collision carrier. They will pay for the damage to your car and file arbitration.

If the unknown 3rd  vehicle is listed on the police report - and the police put him at fault -- then you may be able to file under your policies uninsured motorist coverage (it depends on how your police reads).

Sure, you can hire a lawyer and sue the middle car.  In about 4 years.....it might actually go to trial.

If you have collision or it qualifies as a UM claim...that would be much easier and faster.

Answer 2

you should be filling an insurance claim with the car that hit you in the rear end. (Anytime you hit someone in the rear end you are in fault.)  Also did you get a police report? and was the driver that rearended you charged?

Answer 3

You could try but is not going to be an easy case.

Answer 4

This is America you can sue about everything. Will you win that is the question

Answer 5

First off, don't listen to golfantic21. Their answer is horribly wrong.

There is no law that says you have to stop a certain distance behind the car in front of you at a stop light or stop sign. Imagine, if you will, 6 cars at a stop light each one 5 to 15 feet behind the one in front of them. Talk about traffic snarls during rush hour.

Of course you can sue the car behind you, but his insurance company will have a lawyer defend them. Keep in mind that as the plaintiff in the lawsuit you have a much tougher legal duty to prove your case. The court will expect to see a police report, witness statements, photos of the other drivers car etc. Without that info I doubt you will win, but I have seen some pretty strange stuff in small claims court.

If you don't have any of the above documentation the other driver could win just by saying that the were pushed into you.

If you have collision coverage on your policy use it and let your company go after the guy.

Good Luck.

Answer 6

It shouldnt matter if he was hit and ran.  He is at fault for being too close stopped at the light.  It is his fault and his insurance should pay for the damage to your car because they rear ended you.  The other car is irrelevant in this situation.

Answer 7

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