QuestionQUESTION: My mother was in a multi-car chain crash involving numerous cars on a freeway. There was a pileup of 9 cars in front of her, but my mother slowed down enough to not run into the car in front of her. She got rear-ended, though, by car X behind her.
The husband of the driver of car X got out, apologized to my mother at the scene that his wife was slow in stepping on her brakes. They exchanged insurance info.
Fast forward to now, and the insurance company of X is denying my mother's claim! The adjuster says car X got rear-ended by car Y, car Y was a "hit and run" that left the scene, that it was car Y's fault that car X ran into my mother and therefore they don't have to pay anything.
To me this seems really unfair, not to mention fishy. The couple in car X never mentioned to my mother at the scene of the accident that they also had been hit. Regardless of that, they clearly are also at fault at least in part -- they obviously had been following my mother's car too closely, as my mother (a slow and cautious driver) was able to avoid hitting the car in front of her even though she was hit.
My mother is a tiny woman, an immigrant who speaks timid and halting English, and I wonder if the the insurance adjuster for X thinks she's naive and someone who could be taken advantage of.
My mother's own insurance company offers almost no help because she only has liability insurance. If X's insurance company gets away with denying this claim, that means my mom would have to pay the entire cost of fixing her car out of pocket -- even though X hit her!
Could you please help? What are my mother's remedies? Could we take X and X's insurance company to court? X surely must be "strictly liable" for running into my mother's car? There is also strong evidence that X was negligent. The only person we are sure was *not* at fault in this case is my mother... whose car hit noone despite the pileup in front (and apparently in back) of her.
I would be most grateful for any advice you could give.
ANSWER: Hi C.L.-
The first thing I would find out is if your mothers "liabilty only" included uninsured motorist or not. If you look at the declaration page it's usually the next line under Bodily injury/liability. If she does, then her insurance company should cover it now that it's been determined as a hit & run. They will then go after the other company.
If not then I would either seek legal counsel.
Let me know what you find out and I would be happy to help you further.
Sheldon Maughan
Farmers insurance
smaughan@farmersagent.com
---------- FOLLOW-UP ----------
QUESTION: Hello - thank you so much for your reply. My mother's insurance adjuster told me her Allstate policy includes uninsured motorist, but that the uninsured driver must be "identified" -- which means an unidentified driver of a hit-and-run would be excluded. (Seems to me a huge loophole that takes advantage of applicants' naivete -- the adjuster told me the only insurance that covers a hit-and-run would be collision...) Is that industry practice? All this just seems so wrong. What other remedies would someone like my mother have?
AnswerHi C.L.-
It sounds like you better get your policy out and read it.
The company I represent (Farmers Insurance Group) includes an unidentified driver in the definition of uninsured motorist (see #3 below) so it would be covered. I guess it goes to show that not all insurance policies are created equal.
Uninsured motor vehicle means a motor vehicle which is:
1. Not insured by a bodily injury liability bond or policy at the time of the accident.
2. Insured by a bodily injury liability bond or policy at the time of the accident which provides coverage
in amounts less than the limits of Uninsured Motorist Coverage shown in the Declarations.
3. A hit-and-run vehicle whose operator or owner has not been identified and which strikes:
a. You or any family member.
b. A vehicle which you or any family member are occupying.
c. Your insured vehicle.
I hope this helps. Let me know if you would like to switch and I can see if I can help you.
Sheldon Maughan
yourfarmersoffice.com
