Auto Insurance Claims: Take insurance to Small Claims?, own insurance, medical fees

Question
Hello, I was in a car accident in October '07 when a car hit me while I was passing through an intersection and also hit a third car. My insurance gave me 0% fault and the other insurance also stated that I was not at fault. For the last 3 months the other insurance has repeatedly told me they cannot write a check for damages until they get the amount of damages for the third vehicle (who they are unable to contact). I had to pay just over $3000 to cover the car rental, a new car, and medical fees. Can I take the insurance to Small Claims? Thank you.

Answer
Hi Sofia,

No you can not take the insurance company to court. Whenever there are multiple vehicles involved in an accident and the amount of coverage available is limited, it is required that the amount of coverage available be pro-rated between all of the claims. This means that if there is $10,000 of coverage available and the value of your totaled car is $9,000 and the repairs to the 3rd car is $6000.00. you would receive $6000.00 for your car or 60% and the other car will receive $4000.00 or 40% of the available coverage.

The insurance company will not make any payments until all claims are known. If you have gone through your own insurance company for payment of your totaled car, the other insurance company will be reimbursing your insurance company on the pro-rated basis as stated above.

The remaining money that you are owed that was not reimbursed by either your insurance or the other insurance would have to be obtained directly from the at-fault person. If necessary you would have to file suit against them. However even if you win your case, actually collecting the money is a very different story.

I hope this helps
Richard Hixenbaugh