Auto Insurance Claims: accident, honda pilot, man in the van

Question
I was recently in a 3 car accident.  I was the third car (last one) i was on a 4 lane road, 2 going west and to going east. i had just merged on to the highway and was not going the posted speed limit yet, i was going 60 in an 80.  apparently a white van, that i did not see was trying to Do an illegal U-turn on the highway. at this point a Honda pilot had to slam on its breaks to avoid hitting the white van, next in line was a purple van that crashed into the back of the Honda pilot, and then i came, i saw the accident happen and i tried to avoid it, i pressed on my breaks and slid into the back of  the van.  the conditions of the road were wet, it was raining but just lightly, a mist.  when i slammed on my breaks, i slid about 15-20 feet, as i did have a safe following distance, i assessed whether i could swerve left into the oncoming lane, but there was too much traffic, and i couldn't go right either as there were cars beside me. so the only option i had was to skid into the van. the man in the van is trying to claim that i pushed him into the Honda pilot causing the damage to his front end and the pilots back end.  i have a witness, the only one from the scene how did infarct see the van hit the pilot first. (the white van, the U turning one, took off from the scene
I was wondering how much at fault am i?
thanks

Answer
Hi Scott,

There are a lot of factors to consider here, and one of which is the speed at which you hit the Honda.  If you were my client, I would contend that 100% of the fault is with the phantom vehicle.  

Usually the person following who hits something in front is going to be liable, though.  So you might have to concede 20% liability at the most.  

The rule is that you should be able to stop for ALL THINGS IN FRONT OF YOU, but there is an exception for emergencies such as an unfolding accident.  Thus, you exercised due care and caution and were in control of your vehicle and still could not avoid the accident.

Here is how I would handle it.  Report it to your insurance along with the statement of the witness and let them handle the other party by telling HIM to file with his Uninsured Motorist coverage (UIM) property damage and bodily injury.

Likewise, you open your own UIM property damage and bodily injury file with your own company.

Best wishes,

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