Auto Insurance Claims: small claims court, small claims court, insurance dept


Question
Hi, I was hit by a person driving who was hit by a another driver.  I have been shuffled back and forth by these two insurance companies claiming their not at fault.  One of them has to be at fault because I was just sitting in traffic and was hit.  My question is who do I take to small claims court?  The insurance companies or the two drivers?
Thank you

Answer
You would need to sue both drivers.  (make sure you list both).  Their insurers will then assign attorneys to defend them.  Since obviously someone owes you, it will probably settle.  It could be that they both owe a percentage, or maybe one  owes 100%.  

Another easier option is to file a complaint with the state insurance dept.  They may be able to get you satisfaction faster.