Auto Insurance Claims: unfair liability decision, lane roadway, other vehicles

Question
I was driving when I struck the divider due to the weather. My car was then disabled sideways in the highway and would not start. I got out of my car and went to the right side and using a flashlight alerted oncoming traffic since it was dark. Other vehicles went around me with no problem when along comes this lady who was obviously not aying attention and she ran right into my car at 50+MPH. When she struck my car she pushed it into my body and caused serious injury to my arm that was extended with the flash light. The car also suffered damage to the right side where it struck my body. My insurance carrier feels that I was not at fault and denied payment to this women. Unfortunately, her carrier is claiming that i was at fault and has denied me payment. They calim that because i had no lights on and was blocking the 4 lane roadway it was my fault. they refuse to beleive that I was a pedestrian. IN your opinion was this my fault?

Answer
Hi Nancy,

No. It does not sound like the second accident was your fault. Your vehicle was disabled, you got out and was flagging down vehicles with a flashlight. You're going to just have to let your insurance handle paying and then they will deal with the other insurance company. It may end up going to arbitration which could take several months to over a year.

I hope this helps
Richard Hixenbaugh