Auto Insurance Claims: Which Insurance Carrier Covers the Claim?, Contribution claims

Question
Have you "run into this one" before Justin?
Switched carriers from AA& to SAFE*% to save premium. The plan was to cancel coverage with the old carrier AA& when the Dec sheet and verification of new coverage arrives. On the very first day of coverage( the policy was absolutely bound at 12.01AM)with a new carrier SAFE*%, prior to receiving the policy and insurance cards and PRIOR TO CANCELING THE COVERAGE WITH AA&, An accident occurred involving a pedestrian in a crosswalk. Both coverages were effective.
1) Which carrier do you contact to file the claim?
2) Which carrier has legal liability?
3) What are you supposed to do in a situation like this?

Answer
Nice question!  I have indeed had this happen, many times in different situations, but basically it is the age old question of "Two policies, one claimant, what happens?".

This claim becomes what they call a contribution claim.  In almost every case I have seen (CA) when two coverages apply, they both initially both claim to be "excess" due to clauses in the policy.  That can't happen because it leaves you uninsured, so courts normally say that the companies have to split the claim damages based on a pro-rata share using policy limits as the percentage guide.  If the limits are the same, then they split the claim 50/50, and so forth.  I can get much more complex, if you like, but that's the simple answer.  

File it with both and they should know they'll have to split it up!

Regards,
Justin