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In multi car crash you have to consider liability of the rear cars and sufficient insurance coverage

August 29, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Waterloo Region Record recently reported on a multi-car accident that occurred in Waterloo Region.  A man from New Hamburg was driving a car that hit a Waterloo Regional Police crusier in a three car collision.  The car accident occurred at Waterloo Street and Arnold Street in New Hamburg.  The police officer was slowing his car when he was rear ended by a mid-sized Dodge car.  A white Jeep then hit the rear of the Dodge car.  The police officer was taken to local hospital suffering from non-life threatening injuries.  The drivers of the Dodge car and the Jeep vehicle were not diagnosed with any injuries at the time of the car accident.  The Jeep driver was charged with careless driving.

When you are involved in a multi car accident, there are a number of issues that need to be considered.  The first thing that should be done is, if the car driver is able, and not suffering from injuries, proper notes be taken as soon as possible after the time of the car accident.  A personal injury matter can take many years to resolve and your memory and recollection about the circumstances of the car accident are best closer to the date of the car accident.  Two or three years after the car accident you may find yourself at an examination for discovery and will be asked questions about the accident.  If you have notes from the time of the accident to review prior to the discovery, your memory will be refreshed and you will be able to answer the discovery questions about the accident clearly.  Liability is an important issue to sort out.  If you cannot get past the “Who’s at fault?” question then you will not be able to get to the issue of your injuries and damages.  If you are the first car in an car accident chain, like this car accident, the notes will help you remember things like why you slowed down and stopped, whether you felt one or more impacts from behind, what discussions you had with the other drivers and any witnesses, along with witness contact information if taken at the time.  One impact would suggest only one car driver is at fault.  However multiple rear impacts will suggest more than at-fault driver from behind.  The issue may have to be sorted out at an examination for discovery.

If the last car in the chain started the collision chain, then there could be several potential claims, from occupants of the cars in front, against the car driver that started the chain reaction.  In that event, depending on the seriousness of the injuries suffered by the other drivers and any passengers, the liability insurance coverage of the at fault driver may not be enough to cover the outstanding claims.  In that case, where an injured party has their own automobile insurance coverage, and where the liability coverage exceeds the coverage of the at fault car driver, then the injured party will have the consider adding his own insurer to the law suit for underinsured coverage. 

The issues of liability, who’s at fault, and sufficient insurance coverage, should be reviewed with a personal injury lawyer as soon as possible, to ensure that the claim is set up correctly from the start of the process.  There are strict limitation and notice requirements in a personal injury matter, you do not want to lose your right to sue because of a missed limitation period or lack of proper notice.

Posted under Car Accidents, Chronic Pain, Fractures, Pain and Suffering, Personal Injury

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About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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