Auto Insurance Claims: liability, insurance company allstate, collision coverage

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
This type of claim can get complicated and the innocent party often is caught in the middle.  For this reason, I suggest that you let your insurance company handle under your collision coverage and then subrogate against the other insurers.  This means they will attempt to recover their payments plus your deductible for you.  If you do not have collision coverage, you will have to handle on your own.

If the Allstate driver was truly not at all liable, then Allstate is correct.  But if the facts are disputed or questionable as to liability, they may not be able to deny your claim outright, but this will depend on the laws in your state.  Laws vary on this topic by state.

If the truck was 100% liable, then the Allstate driver did nothing wrong, and there would be no reason for Allstate to pay you.  If both drivers were partially at fault, then they both owe you a percentage of the claim, which should add up to 100%.  I suggest you contact the insurer of the truck now.