2 paries out of 3 have same insurance company | Injury Claim

by sean
(California)

My car hit ( side-swiped) while my car was paralell parked on a busy street. My son was in the process of getting out of the car when it was hit...tossing him onto the side walk.

My daughter was leaning into the front seat, passenger side getting out her backpack.

This all occurred in the afternoon- lots of people around. At least 2 ambulances, 6 cops, and fire truck. I'm tending to my kids who were very shaken Both seem to have scrapes and bruising to occur later, but seemed to be o.k.

We had to leave in an ambulance to go to the E.R. Wasn't able to get any info details...i.e. possible eye witnesses or drivers info.

A couple of days later we find out the driver (Yukon) that hit me probably doesn't have insurance- apparently gives false insurance info to the police. I find this out from my insurance adjuster and that the driver had bought another policy that day!

Now there was another driver (Honda) involved who was rear-ended...he has the same insurance that I do ( this is how we find out about the the 2ND insurance issue with the diver that hit me).

Meanwhile, I hear from the cop that was in charge and will be making out the report, that the Honda was the cause of the accident- making a unsafe lane change (w/out any warning) to avoid a pedestrian who was crossing the street at a crosswalk- forcing the Yukon the veer to the right onto my car, then rear-ending the Honda. From where I was I wasn't aware who caused the accident- just that the Yukon just smashed into my car!

Turns out that we don't have Collision on our policy- Finally after a month receive police report, insurance co. and driver are denying liability.

Leaving us with zilch! Saying that the police report was inconclusive...basically he said she said situation. The Honda would not have been hit if he didn't change lanes like he did...he's obviously not telling the truth about were he was and what happened!

We got a letter the very next day offering a settlement paying for medical (ambulance, e.r. and nominal amount for each of my kids)It was seeming 'fishy' from the get go that we both had the same insurance and that the adjusters 'were working it out' to the companies advantage!!! We are outraged...do we have a leg to stand on with litigation?

Thanks-
Carless Mom

Answer:

Hello Sean (i.e. Careless Mom),

I am sorry to hear about your situation. That really sounds like the claim of hell. Yeah, insurance companies will point at each other to avoid fault. In this case, they are pointing to different adjuster to achieve just that.

The bottom line is this: You were parked (legally, I assume) and you and your children had nothing to do with this accident (nothing at all) other than being the victims of the hit. This is very important here because the insurance company will want to put fault on the Yukon and let you fix your car. The problem here is that there is evidence that the Honda might have something to do with the accident.

If the Honda had anything to do with this at all, he Honda’s driver and the Yukon’s driver would be jointly and severally liable for your damages. Please see this article on this: http://en.wikipedia.org/wiki/Joint_liability. This means that if the Honda is 1% at fault, his/her insurance would still have to pay for your damages and go after the Uninsured Yukon.

Now, you should get a lawyer to help you with this, but remember, litigation is only “good” if you a good amount of damages. Some lawyers will not talk to you about this. For a free consultation with a local attorney, please see:

http://www.auto-insurance-claim-advice.com/find-a-lawyer.html


Good Luck
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