Expert: Charlie Barone - 5/7/2009

Question
Hi Charlie,
I was involved in a multiple car collision.  Driver 1 (who I believe caused the accident) lost control of his vehicle, hit and bounced off a guard rail, and slid into on-coming traffic.  His car hit a vehicle (Driver 2) that in turn hit my vehicle (Driver 3).  My question: Do I have recourse against Driver 2 even though they were not primarily at fault?  

Additional information:  Driver 1 claims that an unidentified vehicle clipped the front of his car, which in turn caused him to lose control of his vehicle and collide with Driver 2.  The police report does not share his view.  It states he was at fault and that he violated the vehicle code due to an unsafe lane change.  Incidentally, none of the other parties involved (Drivers 2 and 3) and a witness to the crash, ever saw the vehicle Driver 1 claimed caused the accident.  I mention this because Driver 1's insurance company is denying any liability because their insured is adamant that he did not start the chain of events.  Needless to say, I am getting no where with either insurance company.  Driver 1's company will not pay because they say their insured is not at fault, and Driver 2's insurance company will not pay because they say I need to file a claim with Driver 1's insurance company. What are your thoughts??

Answer
Phil,

Yes you have no recourse against driver #2 unless he admits having caused an accident to his carrier. In order to establish the liability to drivers #1 and #2 you will have to make your case in small claims court. In court, preparation and witnesses make your case. My advice is to file a claim under your own insurannce and let them battle it out.

Charlie