I was involved in an a car accident on a three lane freeway in which I was the vehicle in the far right lane V-3. The party found V-1 to be at fault in the far left lane made an illegal lane change which caused the vehicle in the middle lane V-2 to hit me on the back left side of my vehicle. My insurance company has paid me for repair damages. However, I now have some injury. Is my injury claim against the party who caused the collision due to the illegal lane change or against the driver in V-2 who actually hit me?
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2 Answers from Attorneys
It's the unsafe lane change. I'm assuming that the driver of middle car did nothing, but only got pushed into you. It's the same as if you were stopped at a light, then a car rear-ends the car behind you and pushes him into you.
Where this could get tricky is when questions of insurance make it more desirable to go after the middle car. Perhaps the lane-change car is uninsured? In that case, you'd scrutinize the facts to see if the middle car DID anything--something to which you might then assign some blame. For example, maybe the middle car's driver saw the oncoming lane-changer and overreacted?
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