Expert: Richard Hixenbaugh - 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
Hi Lynnsie,

If you had to go to court, you would file against the drivers. However in this case you would be better off either putting the claim through your own collision coverage if you have it or just waiting until the insurance companies get their acts together. This is mostly due to the fact that is may take 2 to 3 months to get a court date and then it will be up to you to try to prove who is at fault.

Based on your statement, the car that will actually be at fault will be the last car in the line that actually started the chain of events.

I hope this helps
Richard Hixenbaugh