Auto Insurance Claims: liability, liability argument


Question
Hi.  I was sitting in traffic when all of a sudden I got broadsided.  I later found out that the car that hit me, was hit by a truck.  Both men blamed one another for the accident.  The first person's (that hit me) insurance company (Allstate) told me that I would not be compensated and that I have to pursue the truck driver's insurance company.  Is that true? I thought that Allstate would pay for my damages and then pursue the other insurance company.  Note: Allstate told me that they were not responsible but two days later I recieved a letter stating that they were still investigating. Just in case that information is important.

Thank you,
Lynnsie

Answer
Some one will have to determine who was at fault.  It will likely have to be a court.  Allstate can't go after the other party if they pay you.  The volunteer doctrine keeps them from doing this.  It is up to each insurance company to determine the level of liability for their insured and pay only that amount.  This one is one that requires a detailed liability investigation.  Only then would we know what to expect from a judge or jury, and thus from any reasonable insurance carrier.