Auto Insurance Claims: Third Party Claim Problem, fifth car, car expense

Question
I was in an accident that involved 5 cars. The fifth car hit a mercedes behind me. The mercedes crashed into the back of my car. The fifth car then swerved around my car and hit the car in front of me (the second car) causing that car to hit the car in front of it. I sustained some damage to the back door of my jeep.(It won't close properly) The officer at the scene said that the fifth car was going to be cited and to file our claims with that persons insurance (USAA) I filed a claim that night. Six days later they left me a message stating that I should file a claim with my insurance because of the number of vehicles that were involved. He stated that coverage is limited. I'm not sure what to tell them but am considering telling them that if I file with my insurance I will go after their client for my deductible, lost time and any legal fees. Is this reasonable? Will they be more inclined to pay up front this way?

Answer
Hi Kim,

In this case the insurance company is doing the correct thing by advising you to go through your own insurance copany. The at fault persons insurance policy had a limit on how much they company will pay out for each accident. When there are several vehicles involved, it is possible that the total cost of all of the claims will be more then the limit of the policy. When that happens the insurance company will only pay out a pro-rated share of the policy limit to each person making a claim, which could leave you far short of the cost to repair your car. By going through your insurance company you will have to pay your deductible and possibly some rental car expense depending on if you have rental car coverage and hos long the repairs take. Once your repairs are done your insurance company will then pursue USAA to be reimbursed for the cost of the repairs, your deductible and any rental car expense. If all of the claims submited by the 4 claimants do not exceed the USAA policy limit, then all claims will be paid in full and you will receive your deductible back from your insurance company. If the total of the c;aims does exceed the policy limit then each insurance company will receive a proportionate share of the total money available and you will then receive a proportionate share of your deductible and any rental car expense.

If you have uninsured motorist coverage for property damage, then you should receive all of your money back.

I hope this helps
Richard Hixenbaugh