Auto Insurance Claims: 3 car accident, small claims court, exit 28b

Question
This occurred on a 3-lane interstate (all travelling in the same direction). The SUV was in the middle lane and I was driving in the far right lane (where the exits are). The SUV suddenly came perpendicular/sideways (close to 90 degrees) in my lane as I believe she was trying to take an exit she had missed by going though a patch of grass that would still allow her to get the Union turnpike exit (28B). The driver mentioned she lives in the area and when it was time to leave she took the exit in question to do so.

The pavement had been wet since it had been raining.

She however claims someone else hit her, but there is no other damage to her car (as can be seen in the pictures I've attached) besides where our two cars collided. There was no other car that hit the SUV from my view neither was there any noise/bang that could be heard. The suv only has damage along the right passenger side doors and I have damage mostly at my left front end.


Her insurance company denied my claim blaming the phantom car for liability. They said the phantom car hit her the same place the maxima did. My car is pretty much totaled (> $5,000 damage) and I nly have liability for my 97 max. I don't know what to do anymore

Answer
Hi Jay,

Since you do not have collision coverage you will have to do this on your own or with the help of an attorney.

It seems to me that if there is no sign of impact from the phantom vehicle, that they will not win in court. Depending on the state you live in, you may be able to handle this in small claims court. You will need to have photographic evidence of all 4 sides of both vehicles. If the SUV was traveling next to you, it is simply not possible for another vehicle to have hit it in the same place as you did. If it did happen that way the SUV would have been pushed in the opposite direction, away from your car. You will need to sue the Driver of the SUV. If you are successful in court, then the insurance company of the SUV will have to pay you.

I hope this helps
Richard Hixenbaugh