3 car accident, and I need major advice?

Question

I was involved in a 3 car pileup on the freeway. I was in the middle. The person who hit me has no insurance. The damage to my car was $1300. The damage to the car in front was $1400.

Now, the person who I hit (the car in front) says shes going to report it to my insurance, but since it wasn't my fault, what will my insurance company most likely do? I have all of the information from the guy behind who caused the accident, but since he is uninsured, will my insurance have to pay for the car in front? Thanks for any advice.

Myself and the car in front were at a complete stop, i even seen him coming in my rear view....I tried moving to the right (onto the shoulder) to avoid him hitting me from me behind but didnt quite make it.

I reside in CA, with liability insurance.

Answer 1

I agree with the first two posts, especially agree with the second one where he explained "uninsured motorist" coverage. I don't know what state your in, but something to think about is; in my state if you rearend another vehicle you are always at fault. You can't say that you had no way to avoid hitting them or that someone pushed you into the car in front. The law is defined as; a person should avoid hitting someone else's rearend at all costs, no matter what the circumstances your to blame. If your state's law is the same as mine then that would be the only reason your insurance would let the car in front of you file a claim. IF they do have the same law we do, pile-up accidents may be an acception to the law.
The only reason she's going after you, is because the one she wants to go after doesn't have insurance, that's crappy. Your insurance won't pay though unless fault is found because they have the stupid law about rearending we have.

Cheers ; )

Answer 2

You don't really need a public defender. They are for more serious offenses, plus you have to prove you can't afford a lawyer. If you can, the cost of the lawyer will be far more than your fine and insurance rate increase. You are not being charged with a felony or even a misdemeanor. You are charged with a civil traffic offense. You will get a civil fine and the two points against your driver's license; no jail time, no criminal record. It's not the end of the world. Two points on your license is nothing unless you start accumulating additional points on future accidents. THEN you have a problem. Your insurance will probably cover the other driver's medical issues unless something seriously happened that you weren't aware of. A 7-month gestational baby can survive outside the womb if the mother and child are otherwise healthy. If something serious happened, you would have been notified by now.

Answer 3

It depends on whether or not you live in a "no fault" state. If you don't, your insurance company could pay for the damages to the car ahead of you that you hit, and go after the uninsured driver for compensation to the insurance company. You will not be charged with an accident surcharge on your policy since it was not your fault.

Answer 4

I will add the following to the previous advice you have been given.

If you were in fact stopped you are not negligent for the damages to the car in front of you. You were used as a battering ram and your company will not have to pay the car in front of you.

If you have collision coverage your company will pay for your car damages less your deductible. Your company then will go after the at-fault party for reimbursement of your deductible but that can take a very long time.

We don't know what state you are in which would help us. You need to be aware that there are two kinds of "Uninsured Motorist" coverage.

Uninsured Motorist Bodily Injury (UMBI)
Uninsured Motorist Property Damage (UMPD)

There is a huge difference between the two.

UMBI is available (and required) in most states. However, it will only cover you for injuries. It will NOT pay a thing for your car.

UMPD is what you need to pay for the car damages. It is not available in all states. Check with your company to see if you have the UMPD coverage. In some states the UMPD has no deductible or a lower deductible than you collision coverage.

Good Luck

Answer 5

If he hit you and pushed you into the car in front of you, you are responsible for nothing. HOWEVER, if he does not have insurance, your insurance will be responsible for covering the damages to YOUR car and then you or your insurance company will have to pursue the guy in court. It doesn't matter if the front car turns it in to your insurance or not. If the accident report is accurate and you gave a statement to your insurance about what happened that goes along with everything else, they'll just tell her she's barking up the wrong tree.

Answer 6

If liability is clear, and you are in no way responsible for the loss, then your insurance company would deny the other party's claim and she would need to pursue it through her own carrier under uninsured motorist. Is there a police report? That should help your insurance company investigate it. Are there any witnesses? Regardless, you most likely will have to allow the other party file a claim against our policy - HOWEVER, your insurance company will investigate it, and they will handle it accordingly. Just because the vehicle behind you is not insured, does not mean you are responsible for her damages.

Answer 7

Get an attorney. NOW!!!! Don't sign anything without his/her approval. Don't sign any releases. Don't go to the insurance companies doctors. None of that.

The police officer above is correct. If you were moving, both following cars yours and the guy that hit you are technically at fault.
IF you were fully stopped and the guy tht hit you and shoved you into the car in front of you then the guy that hit you will be considered completely at fault.

Answer 8

Even though it wasn't your fault it still has to be turned into the insurance company. Your insurance will most likely pay for your damages then sue the guy that doesn't have insurance for what they paid you. Or if your insurance company sucks then they will make you pay for the damages then you will have to sue that guy for what you had to pay out of pocket. The insurance company's will conduct a investigation to find out whose fault it was and if they found out it was your fault then they will make you pay for all the damages or if it was her fault then they will make her pay for the damages done to your car and his car. Be careful and be on the look out everyday until this is resolved insurance people can be sticky.Also don't agree to anything if you are uncomfortable with it, stick up for yourself.

Answer 9

Technically, you and the guy behind you are both at fault for not keeping enough distance between all of you. For every 10mph you travel, you are supposed to leave a car length so if you are going 50mph, you should have AT LEAST 5 car lengths between you and the car in front of you (not easy to do with the way the idiots cut in and out all the time). You'd best get an attorney and go from there since the guy who hit you didn't have insurance and see if there is some other way to make him pay for your vehicle. And don't sign any forms or checks without legal advice. Sometimes that seals the deal and you are left holding the bag (I found that one out the hard way)

Answer 10

if you have uninsured motorist insurance on your car, you should report the accident to your insurance. they will fix your car and you wont have to pay your deductable amount because your uninsured motorist coverage should cover it. the person in front of you will have to go through their own uninsured motorist coverage to get their damages paid for. i am guessing there is a police report so that will help you prove what happened. its best to get your insurance involved. if you are not at fault, then it wont go against your record