Auto Insurance Claims: liability, claim advice, claim help

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
Hello Lynnsie,

Whoever caused the accident is responsible.  Based on your description, the responsible insurance company would be that of the truck.  So, what you need to do is file a claim with that insurance company.

Neither of those insurance companies has an obligation to pay you and then pursue the other carrier.  That only occurs when your own insurance company pays you under your collision company and then seeks what is called subrogation from the at-fault carrier.

If Allstate chooses not to pay you, they need to formally deny your claim in writing.  In the meantime, file your claim with the truck's carrier.