Expert: Richard Hixenbaugh - 1/29/2011

Question
Hi.  I was sitting in traffic when all of a sudden I got broadsided.  I later found out that the car that hit me, was hit by a truck.  Both men blamed one another for the accident.  The first person's (that hit me) insurance company (Allstate) told me that I would not be compensated and that I have to pursue the truck driver's insurance company.  Is that true? I thought that Allstate would pay for my damages and then pursue the other insurance company.  Note: Allstate told me that they were not responsible but two days later I recieved a letter stating that they were still investigating. Just in case that information is important.

Thank you,
Lynnsie

Answer
Hi Lynnsie,

The person responsible for paying for your damages is the person who is ultimately determined to be at fault in the collision. So if the truck hit the car that then hit you, the driver of the car did nothing wrong and is not responsible for paying you. So if it is determined that the truck driver is at fault then it is the truck drivers insurance that is responsible to pay you.

In the mean time, it may be quicker to let your insurance handle the repairs to your car (if you have collison coverage)and let them worry about getting reimbursed once it is determined who is at fault.

I hope this helps
Richard Hixenbaugh