Auto Insurance Claims: rear end collision- claim denied, phantom driver, small claims court

Question
I live in Washington state and was recently rear ended at a stop light, I was stopped, the person who hit me hit me very gently. We both pulled over and exchanged information. There were no witnesses, we were the only people involved in the accident. We did not call police, as there were no injuries and only slight damage to our vehicles. I did file an accident report at a later date, as did she. She filed a claim with her insurance company for damages to my car, and I assume to her car. I then received a letter from her insurance company stating that they were denying my claim for damages, as she had reported to them that a "phantom" driver had hit her from behind, causing the accident, therefore, that "phantom" driver was responsible for my damages. Apparently, her insurance company paid for damages to her car that were made by the "phantom" driver. I am now suing her in small claims court for damages to my car, is there any law or statute that I can cite that will help me? I always assumed that the person who hit you directly from behind was at fault in any rear end collision. Thanks for your time. Tim

Answer
HI Tim,

You are correct. When someone hits you from behind they are at fault. Except when someone hits them from behind and forces them into you.

You should request copies of any photos and the details of the repaired damage to the rear of the other car to prove that she was hit from behind from a phantom vehicle. However, if all checks out and the judge beleives that there was a phantom vehicle, then you can only make the claim through your own insurance company.

I hope this helps
Richard Hixenbaugh