Expert: Ron Cercone - 8/11/2011

Question
I was involved in a 4-car accident. The traffic suddenly came to a stop on the highway. So, car 1 suddenly stopped, car 2 suddenly stopped, and car 3, which was me, suddenly stopped. But, car 4 did not stop in time and hit my car in the back and pushed me into car 2, which was pushed into car 1. The cars were all in a straight line.

Car 1 (SUV) wasn't damaged. Car 2 (SUV) didn't seem damaged and hasn't filed a claim against anyone that I know of. My car 3 (sedan) has severe front damage and some rear damage. My air bag wasn't deployed. Car 4 (sedan) has severe front damage, windshield was cracked, and air bags were deployed.

The police report says, "Car 1 came to a stop. Car 2 hit car 1. Then, car 3 hit car 2. Then, car 4 hit car 3. Chain reaction."  So, it makes it sound as if all drivers hit the car in front of them first and then got hit from behind.

I have made a claim to car 4's insurance company. But, that insurance company is referring to the police report as a basis to say I'm partially responsible for the damages done to my car since the report makes it sound like I hit car 2 before car 4 struck me. Also, that insurance company claims that car 2 driver supposedly has stated I hit him first and car 4 came and hit me from behind afterwards. Lastly, they're saying the reason my car has more front damage than rear is because I hit car 2 first, instead of getting hit by car 4 first and getting pushed into car 2.

My car has a lot of damages. So, they are treating it as a total loss. They said car value is about $4400 and told me I'm 50% liable based on the "facts" mentioned above. Thus, they're offering about $2250 ($1900 up front + $350 if I give up the car for salvaging). They made this offer over the phone and I haven't accepted it yet.

Based on what has transpired, I have a few questions:

1. I feel like they should pay me 75% of value because even if I supposedly did hit car 2 first, car 4 obviously contributed to my car's front damage by slamming my car into car 2. Does my logic make sense?

2. What happens if I don't respond their oral offer right away? They didn't mention any deadlines.

3. Out of disbelief/curiosity, I'd like to hear driver 2's recorded statement. Do I have the right to ask for it to car 4's insurance company?

4. Car 4's insurance company never mentioned what their driver said about the accident. I feel like it's because it won't help their case. Do I have the right to hear it for myself?

Thank you for reading my long story. I really appreciate any assistance you can provide.

Answer
You tell #4 insurer that if they won't give you a transcript or tape copy of the other driver's statements that you will subpoena their entire claim file as part of a small claims lawsuit against driver #4. And get their current offer IN WRITING. Let the judge decide liability percentage. And if you think your car's value was too low, get an eBook on total loss auto claims at UClaim.com.

Ron Cercone
http://www.UClaim.com