Auto Insurance Claims: accident, accident reconstructionist, co cover

Question
i have notified my ins co and the person who rearended my car. the others ins called me and because my son was ticketed and the guy said he pulled out in front of him and couldnt stop they probaly wouldnt be paying anything for my loss. i dont understand how they cant see with the length of the skid marks that their insured was traveling way to fast there is over 150 ft of skid before impact. is there any chance once they see the skid marks and the damage to my car that their insured could be at fault or would i be better of getting a lawyer??
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-----Question-----
my son was driving one of my cars. he moved back in with me about 2 wks ago. i havenot added tim to my insurance. he got rearended pulling out of the driveway by a p/u truck . he got a failure to yield ticket. but thereis over 150 ft of skid mark up till the impact,then another 150 ft of skid after. my car is undrivable now the trunk was pushed into the back window and ripped of the frame it was an 84 crown victoria. my question is will my insurance co cover vehicle if my son was not listed as a driver. he also hit a car after being rearended that was heading the other way. i am so worried the insurance co will find some way to get out of this and i  will get sued.
-----Answer-----
HI Sandy,

If you can prove that your sone did not live with you until 2 weeks before, you should be ok. You will nbeed to show a lease or utility bill or something with your sons name and a different address on it.

As for the skid marks, I would try to argue that although your son did back out onto the roadway, the other driver is also at least 50% at fault due to speed. You should take photos of the skid marks and have someone official actually measure them. An accident reconstructionist would be able to determine how fast the other driver was going.  If there was 300 feet of skid marks, he was going very fast.

I hope this helps
Richard Hixenbaugh

Answer
Hi Sandy,

Even if you can convince them of the speed of their driver, about the best you could hope for is a 50/50 liability decision. Any time you are backing from a driveway on to a road, the person backing onto the road has the greater duty to be sure the traffic is clear. So while the speed of the other driver may have been a factor, it will likely be determined that your son was primarily at fault for backing onto the road.

I hope this helps
Richard Hixenbaugh