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Jack R.
Jack R., Arbitrator
Category: Traffic Law
Satisfied Customers: 6147
Experience:  Attorney with experience handling traffic related legal issues.
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California: About 1hr., ago I was on the interstate on my way

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California: About 1hr., ago I was on the interstate on my way to work and an accident took place with two cars in front of me, in order to avoid colliding with the involved vehicles I swerved & hit the embankment. Well, I thought my vehicle was ok & proceeded on to work & my car started to act up & the more I drive the worse it shakes, I made it to work. My concern is that my car suffered damage as a result of avoiding the collision. Do I have any recourse? Should I contact the highway patrol & explain the situation & maybe get the insurance info of the person that was at fault in the accident? Please advise.

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You can certainly try to sue the individuals in front of you that caused the initial accident. Your insurance company should be called to handle the situation.

 

You have a couple of problems. If you left the scene there is no evidence you were even part of the accident situation, and 2) being as you were behind the cars involved some of the fault for the accident would be placed on your "following too close". What this means is that even if you try to sue the individuals involved in the accident you might not be able to collect. Even if you can collect, your attorney fees could be more than the damage because of the fault attributable to you..

 

If you are able to, take the car to a mechanic and find out what the problem is and the cost to repair it. It may be as simple as a wheel bearing which can be repaired very inexpensively. If it has a substantial cost such as frame damage work with your insurance company.

 

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Customer: replied 4 years ago.

Well, this was a 4 lane eastbound section of an overall 8 lane fwy., and I was in the slow lane and the involved vehicles were in the fast lane & as you know when cars collide they have a tendency to slide all over the fwy., but you confirmed my suspicions of leaving the scene, I did not want to be late for work & as previously stated there seemed to be no apparent damage. Thank you.

You are welcome.

 

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