My question involves a traffic accident in the State of: California
I was driving on a 2 way street with two lanes per direction. The speed limit is 40mph. I was on the right-most lane. Right when I was crossing an intersection, a car (lets call it Car "A") pulled out of a parking lot (after the intersection) and merged into the first lane without looking. I hit the brakes, but since I did not know if I would be able to stop in time, I swerved to the left and was side-swiped by another vehicle (lets call it Car "B") that was going in the same direction on the 2nd lane. The damage to the car I was driving starts at the rear quarter panel and goes all the way to the front fender (totaled). The car that sideswiped me (Car "B") had less damage. The car that pulled out in front of me (Car "A"), causing the accident, had no damage. I managed to avoid impact with his car by swerving to the next lane.
No police report was filed since everyone appeared to be cooperating and no one was injured. Driver who caused the accident said he didn't have a copy of his insurance with him (I later found out he had none, mistake on my part for not demanding proof at the scene). The car I was driving was not mine. I borrowed it from my father because my car had an engine failure a few days prior to the accident. His insurance refused to cover the accident because I was excluded from the policy. My insurance (which I have on my cars), denied the claim because my father's car was not in the policy and it was owned by a family member. Both insurance companies found the driver who pulled out in front of me (Car "A") at fault. The 2nd driver (Car "B) and a witness agree it was his fault for pulling out in front of me. The driver who pulled out in front of me had purchased insurance after the accident and given this information to my insurance. When my insurance denied the claim, they filed a claim with his insurance. After more than a month of waiting, I finally contacted them and they said they would not be covering the accident because the driver was not insured at the time.
I am now at a point where I think I have to take the guy who caused the accident to small-claims court to try to get the damage two the two cars repaired.
Am I obligated to cover the costs of the repair to Car "B", the car who sideswiped the car I was driving? or, Should the driver of Car "B" go after the driver of Car "A" themselves? The driver of Car "B" had mentioned that since my car hit his car, I should pay him and then get my money back from the driver who caused the accident.