Expert: Bennie719 - 10/24/2007

Question
I was rear ended on the freeway and I was the front. A car hit me from behind and another car hit her. The other car did a hit and run.  He had no license plate and no one took down his DL. He fled the scene before the sheriff came. Her insurance company sent me a letter stating it isn't her insureds fault.  What do i do?

Answer
Hi Neary,
I am assuming that you reported this accident to your own insurance company.  If so, they have secured a copy of the police report.  Drop by the office and pick up a copy or have them mail you a copy.  Read her statement that she made to the sheriff at the scene of the accident.  
Toward the end of the accident report there is a section for the opinions and conclusions for the sheriff to complete.  Read his statement, if he even made one.
If you have not yet reported this to your insurance company, do so immediately.  Most states require that you make a report within 10 days and your insurance company files an SR-1 form with the state showing that you were insured at the time of the accident.
Based on the denial letter, it would appear that she reported to her insurance company that car #3 hit her first and pushed her into you then fled the scene.  They are obligated to accept her statement as truthful unless you can prove otherwise.  The statements in the police report as well as any witness statements can prove helpful.
Otherwise, it's simply your word against hers and you will not be able to recover.
If you have full coverage, have your own company repair your vehicle under collision (less your deductible) and they will make every attempt possible to recover from her company.  If they are successful, they will reimburse your deductible.
I hope this has been of help, please write again of I can be of more service.
Your feedback to my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-24-07 1:06 PM PST