Auto Insurance Claims: 3-party accident, 50/50 liability


Question
I was in an 3-party highway accident at 5/30/2010. There was a collision between the other two cars and one of them thus lost control and drifted to the front of me. I braked hard but still hit that car before my car could fully stop. I was not injured.

In the police report it is described that there was an unsafely change lane violation among the other two parties. I was not at fault. However due to the lack of witness the police could not determine exactly which one of them was at fault. Unfortunately I didn't see the collision between them clearly thus my statement was not that useful.

My car is almost totaled. I only have liability coverage. Now it seems none of the other two parties' insurance companies would admit the fault. If that is really the case, who is responsible for my loss? What should I do now? Thanks for any advice.

Answer
There is not a lot you can do.  Clearly somebody caused the accident, but if no one is admitting it, and there are no witnesses then the liability can be argued indefinitely.  Until there is evidence of liability on one or the other, then if I were you, I would allege liability on them both at 50% see if each insurance company will settle your damages in that manner.  Each would still not be accepting fault, but would be keeping you from filing a lawsuit alleging 50% on both, which I think you could probably win.

I hope this helps, and that you realize it is not legal advice.  Good luck.