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I was driving down aXXXXXand a truck in front ...

I was driving down aXXXXXand...
I was driving down aXXXXXand a truck in front of me all of a sudden slams on his brakes because a car was stopped in the left hand lane. I swerved to miss the truck in front of me and my boat that I was towing filpped over and was trashed. A man that was in the car that was parked in the left lane run to his car and just drove off. No vechiles were damaged. I need to no if the man that was parked in the left lane can be held responsible for the damage caused to my boat?
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Answered in 16 minutes by:
6/1/2008
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,802
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you can find the guy (hopefully, a police report was conducted), and he was stopped in the lane of traffic, your insurance company should file a claim against his for payment on the boat under the tort theory of negligence per se. This legal theory is commonly known as the "but for" rule. The analysis is: but for this guy stopping in the lane of traffic, you would not have had to swerve and your boat would not have left the trailer and become totaled.

Stay on your insurance company to pay your claim. It has the right to subrogation against his insurance company if it chooses to pursue it.

The botXXXXX XXXXXne is that you should get paid from your insurance company or the guys insurance company.

Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,802
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
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Customer reply replied 9 years ago
When I call my insurance company, they said that my boat wasn't covered. The police report should have the name of the person that was stopped. A witness that had stopped to help me also knows the person that was stopped. Would it be advisable to contact an attorney in the local area?
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Roger
Roger
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