Expert: Richard Hixenbaugh - 7/26/2010

Question
I lent my vehicle to a close friend, and it was totaled in a bad accident. He was hauling 4 horses in a brand new trailer(also damaged 9000.00) from TN to WY in my truck, beacause his broke down the day before the trip. The accident occured at the half way point of the trip, and my truck was rendered a total loss (7000.00). They were then stranded 600mi from either destination. A van-line came in to pick the horses and my driver up and transport them the rest of the trip and the trip back home as well(8000.00).  I have only the unnoficial report at this time, however the other drivers ins has told me that they are putting most of the liability on my driver. He was 2 lanes away from that girl when she came over. How on earth do I proceed with this being as I only had liability on my vehicle.I wont be making that mistake again...
Below is the unnoficial report which seems black and white to me:
Katharin McCarter, 21, of St. Louis, Missouri, Tara Rozum, 48, of Kansas City, Missouri, and Matthew Bonn, 28, of Helenwood, Tennessee were involved in a two vehicle crash June 19th, 2010 on westbound Interstate 70 at the 168 mile marker in Montgomery county. According to the report of the Missouri State Highway Patrol Troop F, McCarter, driving a 2009 Ford Escape, was stopped in the driving lane of I70 to look at a previous wreck in the median and was instructed to pull off the side of the road. McCarter then pulled out in front of Bonn, driving a 1992 Ford F250 with a horse trailer, causing Bonn to strike the back of McCarters' vehicle. McCarter then spun out and hit Rozum, a pedestrian looking at the previous crash.

McCarter was taken to University Hospital in Columbia, Missouri for treatment of her injuries. Rozum was flown to University Hospital in Columbia, Missouri for treatment of her injuries. Bonn sustained minor injuries, but refused treatment at the scene.

Answer
Hi Michelle,

You and your friend need to fight this agressively. Based on the description you provided it sounds to me that the other driver(McCarter) is completely at fault for pulling into the roadway after being stopped at another collison.

The biggest issue you face is that the crash happened a long way from home. The insurance company will try to use this against you by thinking that it will be harder and more costly for you to file a law suit if it becomes necessary.

You and your friend just need to stand your ground. It may be a good idea to look for an attorney in the area when the accident happened.

I hope this helps
Richard Hixenbaugh