Auto Insurance Claims: rearend collision, uninsured motorist coverage, unlicensed drivers

Question
I live in ca.I was recently rear ended by an unlicensed driver but he did have insurance.The other driver says he was hit and pushed in to me by another vehicle who fled the scene.The police report says the unknown driver was at fault.My insurance company wants to count it as an uninsured motorist claim and only pay medical expenses for my passenger.(I was unharmed)my vehicle has damage I can't afford to fix.I feel it is the unlicensed drivers responsibility to fix my car and then go after who hit him.I am eager to find out your opinion.  thank you for your time

Answer
Hi Kristen,

A three car accident is tough since you have a claim against only those who were negligent.  If in fact the second car did come to a stop or was slow enough that it could have stopped but for being hit by the third vehicle, THEN you have no claim whatsoever against the driver of the second car.  What would you say he did that was wrong?  Nothing.

Now, what if that same second car could have avoided the accident somehow, but through his failure to react, or his failure to have brake lights that worked, or because he was going too fast and had to come to a stop so quickly that he forced the third driver into an emergency situation, THEN there would be sufficient proof of negligence for you to go after that second car driver.

So, reconstruct in your mind all of the facts and see if you can establish some scenario under which that second driver was negligent.  If you can do that, then you can make a viable claim versus the second driver.

If you cannot do that, then your insurance will cover all of your losses through your Uninsured Motorist Coverage (UIM).  That coverage will have both a property damage clause and a bodily injury clause.  

Your insurance IS WRONG about not paying pain and suffering for your friend (unless of course you live in a no-fault state).  In that case, she would have to demonstrate injuries that exceed the threshold of your state before one is allowed to sue for pain and suffering.  But once she demonstrates the seriousness of her injuries as being in excess of that threshold, then your UIM will pay her pain and suffering.  If she did not sustain serious injuries in a no-fault state, then of course there is nothing she would get in excess of medical payments and wage loss.

Use your UIM property damage clause to repair your car WITHOUT PAYING ANY DEDUCTIBLE.  

I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.

Best Wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com