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  1. #1
    Join Date
    Feb 2009
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    25

    Default Rear-Ended by 2 Cars

    I was involved in a car accident in Northern California on Monday. Basically, what happened was I was waiting at the red light when all of the sudden a car slams into the right side of the back of my car and swerves off to the right. About a second later, I feel a huge impact as another car slams into the back of my car. Turns out the driver of the 2nd car to hit my car is an uninsured, unlicensed driver who does not speak English so I couldn't even get his name. The driver of the 1st car did have insurance and gave me his information when I asked for it. The drivers of the 2 vehicles turned out to be related to each other. The police came and took a police report and they also issued citations to the 2 drivers. I reported the accident to my insurance and also to the insurance company of the 1st driver. My insurance company was able to find out the owner of the 2nd vehicle, but I have yet to ask them about what insurance company that owner has. My insurance company sent out an appraiser today and he said the car is borderline in that it might be cheaper to total than to fix. I'm really devastated by this as it's a relatively new car in excellent condition and the blue book value is substantially less if I am forced to go with that option.

    Here is my question, since both vehicles hit my vehicle, can I file a claim with both insurance companies and collect from both of them since the drivers are at fault and particularly since the owner of the 2nd car had an unlicensed, uninsured driver using his car?

    Hopefully, this makes sense, if not please ask me anything to clarify.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Rear-Ended by 2 Cars

    Quote Quoting Brewingold
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    Here is my question, since both vehicles hit my vehicle, can I file a claim with both insurance companies and collect from both of them since the drivers are at fault and particularly since the owner of the 2nd car had an unlicensed, uninsured driver using his car?
    If the 2nd driver was unlicensed and uninsured, I'm not sure how you can file a claim with his insurance if he had none.

    And if you mean can you collect damages from your insurance company and then turn to the company insuring the 1st driver, and request that they indemnify you again, then the answer is an unequivocal NO!

  3. #3
    Join Date
    Feb 2009
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    25

    Default Re: Rear-Ended by 2 Cars

    Quote Quoting That Guy
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    If the 2nd driver was unlicensed and uninsured, I'm not sure how you can file a claim with his insurance if he had none.

    And if you mean can you collect damages from your insurance company and then turn to the company insuring the 1st driver, and request that they indemnify you again, then the answer is an unequivocal NO!
    The owner of the 2nd car is not the same person as the driver. The owner had apparently lent his car to the uninsured, unlicensed driver. The car that the uninsured, unlicensed driver was driving is registered and my insurance is gathering the info about the owner's insurance since that person is liable. I spoke to the insurance agent and she said responsibility falls on the owner of the car so it doesn't look like that should be a problem.

    I'm not talking about collecting from my insurance and then collecting from the 1st guy's insurance. I'm talking about filing a claim with the 1st guy's insurance and filing a claim with the insurance of the owner of the 2nd vehicle since both cars were at fault and hit my vehicle. I'm not planning on having my insurance pay for anything because I did nothing wrong in this situation. If the repairs on my vehicle end up costing a lot, would the 2 companies split the cost of the repairs so that I can avoid having my car totaled?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Rear-Ended by 2 Cars

    Quote Quoting Brewingold
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    The owner of the 2nd car is not the same person as the driver. The owner had apparently lent his car to the uninsured, unlicensed driver. The car that the uninsured, unlicensed driver was driving is registered and my insurance is gathering the info about the owner's insurance since that person is liable. I spoke to the insurance agent and she said responsibility falls on the owner of the car so it doesn't look like that should be a problem.
    I don't know whether the insurance company of the 2nd car's owner will accept ANY liability due to the fact that the driver is unlicensed. My guess is that they won't. And if they happen to hold out, your claim against the 2nd driver will have to be handled by filing a civil action in court.

    Quote Quoting Brewingold
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    I'm not talking about collecting from my insurance and then collecting from the 1st guy's insurance. I'm talking about filing a claim with the 1st guy's insurance and filing a claim with the insurance of the owner of the 2nd vehicle since both cars were at fault and hit my vehicle. I'm not planning on having my insurance pay for anything because I did nothing wrong in this situation. If the repairs on my vehicle end up costing a lot, would the 2 companies split the cost of the repairs so that I can avoid having my car totaled?
    That again, depends upon whether the 2nd vehicle's insurance company will accept liability. If they don't, you're stuck with recovering only part of your costs depending upon how much the 1st vehicles insurer is willing to pay, or by having to file a claim with your own insurance part of which could possibly fall under the "uninsured motorist" clause of your policy (assuming you have one).

    The part that I don't understand is, and since your insurance company is aware of the accident, why not have them handle the claims on your behalf as that will benefit you the most and it will save you from having to chase around fighting with an insurer #1 who will not pay the full claim and insurer #2 who might quite possibly excuse itself from having any liability at all?

  5. #5
    Join Date
    Feb 2009
    Posts
    25

    Default Re: Rear-Ended by 2 Cars

    I'm working with my insurance and if the other insurance does not pay, my insurance will fix the car, however, I want to do my part to make sure the at fault parties pay for the damages they caused to my car and also that they pay my deductible.

    The whole thing has turned into a mess. My insurance called me today and said that the driver of vehicle 1 claims to his insurance co. that he was pushed into my car by the 2nd vehicle and is not at fault. This is not true because vehicle 1 initiated contact and then vehicle 2 hit us. Also, it looks like vehicle 1 has a phony address because my insurance co. cannot find his correct address and his phone # has been disconnected so they cannot get a hold of him. My insurance agent is unable to get insurance info on the owner of vehicle 2 and was told by vehicle 1's insurance co. that vehicle 2 does not have insurance. Everyone is now waiting on the police report before final decisions are made. I'm not sure what to do anymore.

    If the police report cited vehicle 1 for following too closely to my car, can vehicle 1's insurance still deny my claim or would they have to accept responsibility since the police indicated that vehicle was at fault?

  6. #6
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Rear-Ended by 2 Cars

    Quote Quoting Brewingold
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    The whole thing has turned into a mess. My insurance called me today and said that the driver of vehicle 1 claims to his insurance co. that he was pushed into my car by the 2nd vehicle and is not at fault. This is not true because vehicle 1 initiated contact and then vehicle 2 hit us. Also, it looks like vehicle 1 has a phony address because my insurance co. cannot find his correct address and his phone # has been disconnected so they cannot get a hold of him. My insurance agent is unable to get insurance info on the owner of vehicle 2 and was told by vehicle 1's insurance co. that vehicle 2 does not have insurance. Everyone is now waiting on the police report before final decisions are made. I'm not sure what to do anymore.
    Collision like this is why it's great to take pictures of all the cars involved. Most cell phones take O.K. to average pictures. In future collisions, take a minimum of 8 photos of each car involved, one of each corner, 1 of the left and right side and one frontal and rear pic (if it's safe to do so). Your claim would be easy if you had the pics to prove there was no damage to the rear of the 1st car which hit your car.

    Either way, the collision is not your fault, you are just waiting for the insurance pi$$ing match to end.

    I hope the officer which took the report also towed the 2nd guys car and impounded it for 30 days.

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