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Auto Insurance Claims/small claims court

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Expert: - 3/19/2011


Question
Hi, I was hit by a person driving who was hit by a another driver.  I have been shuffled back and forth by these two insurance companies claiming their not at fault.  One of them has to be at fault because I was just sitting in traffic and was hit.  My question is who do I take to small claims court?  The insurance companies or the two drivers?
Thank you

Answer
You would need to sue both drivers.  (make sure you list both).  Their insurers will then assign attorneys to defend them.  Since obviously someone owes you, it will probably settle.  It could be that they both owe a percentage, or maybe one  owes 100%.  

Another easier option is to file a complaint with the state insurance dept.  They may be able to get you satisfaction faster.

Auto Insurance Claims

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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