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5 vehicle accident

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A

Ann Powell

Guest
Okay, long story.
I am driving down the interstate in the far left lane of a four lane interstate. Meanwhile, in the middle left lane a semi has slowed to a stop due to construction. The auto carrier behind him cannot slow down in time and crashed into the semi. There is a Ford Windstar behind the auto carrier that stops short of hitting the auto carrier. There is a Neon behind the Windstar which hits the Windstar at full force causing the Windstar to hit the auto carrier, which totals a Mercedes on the carrier! The Neon hits the Windstar at such a force that the rear end of the Neon goes up in the air and fishtails to the left - yes, right into my lane - I hit the Neon or the Neon hits me, however you want to word it. There is a semi behind the Neon which stops several feet from the accident. Believe it or not, everyone gets out of their vehicles without a scratch!!

Now, my problem is that no one wants to take fault for this accident - the accident report and the eyewitness (driver of semi in the back) both state that there was nothing I could have done to avoid the accident - no contributing factors on my part, etc.

Well, the Neon has coverage with AllState and refuse to pick up the liability for my Previa. So, I have to go through my insurance company - the collision portion. Should I not be allowed to recoup all cost involved to get me back to the position I was in before the wreck? When should I get my $500 deductible, rental expense, cost incurred to get a new vehicle, etc. There is all sorts of costs and time I've had to spend because of this accident. What should I expect? Shouldn't my insurance reimburse me all my costs and then recoup from the insurance company that represents the party at fault? What type of costs can I expect to be reimbursed? Am in TN.

Thanks.
Thanks for your help.
 


Your insurance company will pay you based on your policy and then subrogate against Allstate. In the interum you are out your deductable and costs not covered by your collision until (if your lucky) Allstate settles with them.

The big picture here is that Allstate owes the damage to the van, the mercedes and the rear of the auto carrier. Unless you know how much property damage coverage the Neon had you can only guess as to what will happen. If he has only a minimum of coverage and they prorate the damages there is not enough to go around. Based on the facts as you present them he would need at least a 50/100 PD policy to pay for all the damage caused. Allstate also has the option of only paying one of the parties on a 1st come 1st served basis if the policy is minimal.

In the worst case your company will have to go after the Neon owner for the rest or all of the money.
 
A

Ann Powell

Guest
Wow!! New question. If Allstate has any money left after it settles everyone's claims!!, and is able to settle with my insurance company... should I provide to my insurance company the out of pocket cost I have incurred in order for me to be reimbused through them? Out of pocket being excess rental car fee, etc. I don't want to make money off this, just be paid back. Time lost at work for time spent looking for new vehicle, is that considered out of pocket expense? All these little amounts add up quick!!
Thanks for your help.
 
They may be liable for any rental beyond what your policy does not cover and possibly the sales tax on the purchase of your new car. Proof that both of these were incured needs to be given to them. Your time spent looking and being away from work is not payable under property damage.
 

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