Auto Insurance Claims: 3-car accident, liability??, own insurance, insurance co


Question
QUESTION: I have a question concerning liability.  I was recently involved in a three car accident.  I was driving down a one-way two-lane road in the right lane, there was another vehicle, an early cadillac, in the left lane not more than maybe ten feet ahead of me. The caddy was ahead of me on my left and I was behind him on his right, for clarification.  The "at fault" vehicle "failed to yield the right of way" and pulled out in front of the caddy on his left.  Their collision caused them to jump into my lane and practically "stop on the dime".  The right taillight on the caddy smashed my left headlight, taking with it, the grill, driver fender, hood, etc. The driver of the impala that pulled out in front of the caddy was cited for failing to yield the right of way.  They clearly caused the accident.  The officer who wrote up the report at the site did write that the "collision between unit 1 and unit 2 propelled unit 2 into unit 3's lane of travel and caused a collision between unit 2 and unit 3".  (unit 1 is the impala causing the accident, unit 2 was the caddy, and unit 3 was myself.  The driver of the impala was not the owner of the car, but seems that she was on the insurance.  The driver of the caddy was "excluded" from the policy.  O.k., here is the question, my truck was damaged to the point where it is not driveable.  Who can I expect to pay for the repairs to my truck?  This happened nearly two weeks ago and I have not heard anything (as far as repairs or a possible rental) from the insurance co. of the impala that caused the accident.  They have taken my statement as well as pictures of my truck.  Thanks in advance.
ANSWER: The Impala driver would be at fault and liable for your damages.  Have you tried locating the at-fault party's insurance company and contacting them?
You can either be proactive and call them daily, continue waiting, file suit if they are ignoring you or claim it on or own insurance and let them pursue the at-fault party for the damages, rental and your deductible.

Good luck!

---------- FOLLOW-UP ----------

QUESTION: O.k., the results are in.  I was contacted by the insurance of the impala today.  They are not claiming liability and are denying me any coverage for the repairs on my truck.  They are saying I should have had a safe "following" distance, even though I was in the next lane, is that true?  Now that I know for sure that I am being denied by the impala's insurance, what should be my next step?

Answer
Without seeing the damage on all three cars along with the police report, there is no way for me to say who is right.  All I can say is that you should go ahead and file with your own insurance company and let them sort it out.

If you don't have insurance, then small claims court would be your next step.

Good luck.