QuestionI helped a guy who was stuck on a hill off the roadway. I backed up to his bumper he attached the chains and I began to pull him out and when he got free he continued backing up, without hitting his brakes and hit my bumper. I was pulling forward with slack in the chain to give him room to stop but he never hit the brakes. After he hit me, we were still in motion, I was in the process of pulling to the left, after he hit me he went down the side of my truck and hit the bed and cab. I'm curious what an adjuster is going to say being that we were tied together.
AnswerThis is a tough one and I could see different people having different opinions here. There is a good chance the parties will not agree. If this is the case, it will probably go to inter-company arbitration where each adjuster will make their case, andthe independent arbitrator will decide.
If I was the arbitrator, based on what you told me, I would say the other driver was more at fault. However, I would also say that you "assumed the risk" which is a legal defense. It means that you knew this was a risky operation and might lead to damage to your vehicle, so you have some negligence. If this is the determination, the laws of your state would determine who pays what. In some states, each would handle their own amages, and in other states, each would pay a percentage of damages.
