My son was rearended on Highway. He was the only driver not ticketed. The first car(#1) that hit my son, threw the kill switch and therefore disabled my son's car so he couldn't drive away. Car #1 pulled off the road but Car #2 (uninsured) slammed into son, then Car #3 (insured) slammed into Car#2 which then caused him to hit my son's car again. Son's car is Totaled.
Car #1 has the same insurance company as son. The insurance company wants to divide the claim between our policy and Car #1 claiming Car#2 (uninsured) caused the most damage. I'm thinking about Med bills also, what are we to do? Should our lawyer be seeking restitution from Car #3 (insured by different insurance company)? Our policy did not have MED PED or Uninsured motorist coverage. But full Collision liability and personal injury. What do you guys know?
Answer by annainthebox
You could try suing the driver of the uninsured vehicle, but otherwise you're at the mercy of your insurance company.
Answer by Lawnboy & Luna
What do you mean by Car#1 "threw the kill switch"? Are you saying that your son was struck three times? If this is the case, all parties will be brought in and liability will be assessed against each one. Your attorney probably already has placed each party on notice. The two parties that are insured, will probably not offer more just because the one party was not insured. However, I am not familiar with the joint and several liability rules where you live.
I am also not sure what you mean by your insurance company wants to divide the claim. If you have Collision coverage, they pay you in full, less your deductible, and then the subrogate against the at fault party/parties. Your Personal Injury coverage does not come into play with this claim. This coverage protects you if you were at fault for an accident.
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Orignal From: rearended 4 car crash uninsured motorist and insured who pays?
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