Expert: Anne - 8/2/2008

Question
I was rear ended (the first car) when I was driving a rental car. Two other cars were involved in the accident. Police report clearly stated the third car was at fault. My insurance does not cover my own car (the rental car in this case). The rental company filed a claim with the third car's insurance (Farmers) and got denied. Farmers said the second car was at fault no matter what the police report said. Now the rental company comes to me for the damage ($900). What should I do?

Answer
Hello Ying

You need to contact your own insurance Company. You need to then file a claim against the claim of the 2nd driver. The third vehicle usually is liable for the accident, at least some percentage. They hit a vehicle from behind, which means they were either going to fast for conditions or they did not allow enough space to stop. Both will put them at fault. You also have the police report.

If the second vehicle does not have a policy (uninsured), you need to take this to small claims court. This could be difficult, because I am assuming that if you were using a rental car, you probably were not in your local area.

At any rate, Farmers is trying to get away without paying. You want to have the 2nd driver and 3rd driver insurance company go to arbitration.

If this does not happen, then you are going to have to file in small claims.

Visit
http://www.auto-insurance-claim-advice.com

for more info on how to deal with your claim.

Good Luck,
Anne

http://www.SpokaneLegalHelp.com