Please help. 3 car accident with hit and run

[metsfan12]

Pennsylvania

I was driving on a highway southbound and It was a 2 lane highway so I was passing this truck going slower I was on hte left lane he was on right. I guess I was in his blindspot cause he came over into my lane, making light contact with my front right area of my car and my instinct was to jerk my wheel away from him. I was heading towards the median so i tried getting back on the road where I lost control and my car went through the median onto oncoming traffic going northbound where I was hit by a tractor trailer going the other way. I'm alright just had small cuts my car was a total loss in pieces. However, the first truck that came onto my lane never stopped so it was a hit and run. The second truck going northbound was heavily damaged, 33,000 dollars worth of damage. My insurance liability was only 10,000. The northbound trucks insurance is seeking to recover the damages, however it was not my fault and I dont see why I should have to pay it. The cops and accident investigator say there is no evidence to rule out or support that there was another hit and run truck that caused the accident, and nobody stopped so there were no witnesses. PA law states that in an accident involving two cars where damage was incurred by another third party that was not involved in the accident, the third party can seek full damages from either of the first two cars if it was their fault. The first truck never stopped so theyre going after me, however I did not do anything wrong to cause the accident. I understand the cops said there was no evidence, cause unless someone stopped or there was a camera on the highway there is no way to track down the hit and run truck. I will fight the charges because the accident was in NO WAY my fault I was going the speedlimit and had my car on cruise control cause i usually do to save gas. Please, any advice on this matter would be of help because the accident happened a month ago, i have been carless since insurance hasnt sent me money yet to get a new car they told me how much they'd give me and the accident has just been a huge headache because its like I am being punished for not doing anything wrong. My insurance company is gonna try to settle out of court, but if they don't what should I do. I just graduated, I do not have that kind of money but I shouldnt be responsible for it because it was not my fault

 

[SIXPAK GQ]

Pennsylvania

I was driving on a highway southbound and It was a 2 lane highway so I was passing this truck going slower I was on hte left lane he was on right. I guess I was in his blindspot cause he came over into my lane, making light contact with my front right area of my car and my instinct was to jerk my wheel away from him. I was heading towards the median so i tried getting back on the road where I lost control and my car went through the median onto oncoming traffic going northbound where I was hit by a tractor trailer going the other way. I'm alright just had small cuts my car was a total loss in pieces. However, the first truck that came onto my lane never stopped so it was a hit and run. The second truck going northbound was heavily damaged, 33,000 dollars worth of damage. My insurance liability was only 10,000. The northbound trucks insurance is seeking to recover the damages, however it was not my fault and I dont see why I should have to pay it. The cops and accident investigator say there is no evidence to rule out or support that there was another hit and run truck that caused the accident, and nobody stopped so there were no witnesses. PA law states that in an accident involving two cars where damage was incurred by another third party that was not involved in the accident, the third party can seek full damages from either of the first two cars if it was their fault. The first truck never stopped so theyre going after me, however I did not do anything wrong to cause the accident. I understand the cops said there was no evidence, cause unless someone stopped or there was a camera on the highway there is no way to track down the hit and run truck. I will fight the charges because the accident was in NO WAY my fault I was going the speedlimit and had my car on cruise control cause i usually do to save gas. Please, any advice on this matter would be of help because the accident happened a month ago, i have been carless since insurance hasnt sent me money yet to get a new car they told me how much they'd give me and the accident has just been a huge headache because its like I am being punished for not doing anything wrong. My insurance company is gonna try to settle out of court, but if they don't what should I do. I just graduated, I do not have that kind of money but I shouldnt be responsible for it because it was not my fault

I don't have experience with this but if you don't have the money, then you dont have to worry. they can't do anything because this would be a civil lawsuit so them sueing you would do no good. you can't go to jail for this. this is not a crime. Let your insurance handle this.

This does not look like it is your fault. You were trying to avoid collision under all circumstances.

 

[teflon_jones]

The cops and accident investigator say there is no evidence to rule out or support that there was another hit and run truck that caused the accident, and nobody stopped so there were no witnesses.

The other party will have to prove you were at fault in order to make you pay the damages to their truck. Since there are no witnesses, and no proof that there was or was not another car, this will end in a stalemate which means they're not going to be able to collect anything from you. However, since this is in excess of your coverage limits, your insurance company is not going to provide legal represenation if they sue you, so you'll have to pay for a lawyer out of your pocket. The lawyer is going to cost a heck of a lot less than the $23,000 they're looking for though. You should expect it to cost you $3-5k depending on how persistent the other insurance company is going to be.

 

[JustAPal00]

The other party will have to prove you were at fault in order to make you pay the damages to their truck. Since there are no witnesses, and no proof that there was or was not another car, this will end in a stalemate which means they're not going to be able to collect anything from you. However, since this is in excess of your coverage limits, your insurance company is not going to provide legal represenation if they sue you, so you'll have to pay for a lawyer out of your pocket. The lawyer is going to cost a heck of a lot less than the $23,000 they're looking for though. You should expect it to cost you $3-5k depending on how persistent the other insurance company is going to be.

If I read the thread right the accident happened in the oncoming trucks lane. The OP was hit in his own lane and went through the median and hit the truck. Unless the OP can prove that he was hit by another vehicle going his direction of travel and that is what forced him through the median, he will be at fault. For future reference metsfan12 if a road has 2 north bound lanes and 2 south bound lanes then it is a 4 lane highway. Muck the Fets!

 

[ecmst12]

There is plenty of evidence that OP entered the NB lane causing the 2nd truck to hit him/her. There is no evidence regarding what CAUSED OP to enter the NB lane. OP cannot prove that there was another vehicle involved and as far as the 2nd truck is concerned, he/she IS at fault. The first truck probably had no idea that it even hit you. And if you can't prove that you were hit by someone else, then you might as well be at fault. I don't think you will be successful in fighting liability in this case, especially since your insurance company has probably already accepted fault.

 

[alnorth]

To add onto those remarks, if the truck was worth $33k, I have to believe it was fully insured. If thats the case, the insurance company is subrogating against you, so it will be the other insurance company coming after you with the other driver's assistance, not just the other driver. I doubt the insurance company will accept less than 1/3, especially if you have future earnings to go after.

It may not be fair, but because of his low insurance coverage limits, the OP has a very good chance of losing this and owing the excess. For your sake, I hope there is evidence that you were forced into the oncoming lane that the cop ignored. However, assuming a settlement is not possible, your insurance company is likely going to provide a defense. If your policy truely said that the insurance company has no duty to defend merely because the other driver simply claims the damages are higher than the limits before a trial and judgement, then that would be one of the worst insurance policies I have ever heard of.

 

[JustAPal00]

There is plenty of evidence that OP entered the NB lane causing the 2nd truck to hit him/her. There is no evidence regarding what CAUSED OP to enter the NB lane. OP cannot prove that there was another vehicle involved and as far as the 2nd truck is concerned, he/she IS at fault. The first truck probably had no idea that it even hit you. And if you can't prove that you were hit by someone else, then you might as well be at fault. I don't think you will be successful in fighting liability in this case, especially since your insurance company has probably already accepted fault.

Just wondering, even if their was evidence that a truck hitting the OP's vehicle was the initial cause of the accident. If their was no way to identify the truck in order to get his insurance info, wouldn't the OP's insurance be considered the "at fault party" due to the fact that in a chain reaction accident you sue the person who hit you?

 

[metsfan12]

It's ridiculous. I did NOTHING wrong, so its like im being punished for driving safely. From what I was told they need to prove it was at least 1 percent my fault, and I dont know how many times or to who many people I have to explain the accident but I was not at fault at all. It's been a big headache since now I don't have a car and I needed it to start my job, which i couldnt start. And then I find out this which is even more frustrating because it just isnt fair theyre going after me for another drivers mistake. I mean what gets me most about the accident is the first truck that caused it. Can you imagine looking at that at your rear view mirror...you just made a car go into oncoming traffic where it gets hit and ends up upside down by a tractor trailer...how can you not stop after that? I dont understand the type of person that would do that...the guy probably doesnt even know if im alive or not after that so as far as he concerned he probably killed a guy heh

 

[Zigner]

due to the fact that in a chain reaction accident you sue the person who hit you?

Your first post was good, but this one bites the dust.

Let's say I'm stopped behind you and a 3rd car hits me, forcing my car in to yours. You would have no reason to sue ME (except for the old adage "sue em all and let the court sort it out").

By the same token, if we are all traveling side by side, with you in the #1 lane, me in the #2 lane and another guy in the #3 lane and the guy in the #3 lane gets mad and turns the wheel to the left (in to my car) which then forces me in to your car, what liability would I have for that?

You don't "sue the person who hit you." You sue the person who caused the accident.

 

[Zigner]

It's ridiculous. I did NOTHING wrong, so its like im being punished for driving safely. From what I was told they need to prove it was at least 1 percent my fault, and I dont know how many times or to who many people I have to explain the accident but I was not at fault at all.

Yes, I know this sucks for you, but the sad truth is that you will have to prove your version of the accident. YOU know it's true, but you have to prove it. If you cannot do that, then you will take the fall in this. It's not fair, but it's the truth.

 

[JustAPal00]

Your first post was good, but this one bites the dust.

Let's say I'm stopped behind you and a 3rd car hits me, forcing my car in to yours. You would have no reason to sue ME (except for the old adage "sue em all and let the court sort it out").

By the same token, if we are all traveling side by side, with you in the #1 lane, me in the #2 lane and another guy in the #3 lane and the guy in the #3 lane gets mad and turns the wheel to the left (in to my car) which then forces me in to your car, what liability would I have for that?

You don't "sue the person who hit you." You sue the person who caused the accident.

I used to sell insurance but it's been a while. I thought though that in a multiple car accident, your insurance went after the insurance of the person that hit you. Lets say 10 cars are involved, your insurance company sues the insurance company of the car that hit you. Then their insurance company sues the person that hit them, and tacks on the damage they paid out on your car and so on. Ultimatly it all ends up on the guy that started it, but it makes it easier for the insurance companies to assign blame. After all You can easily show who hit your car, and you don't have to go through the whole series of the accident!

 

[moburkes]

The insurance company didn't cause the accident.

 

[ecmst12]

I used to sell insurance but it's been a while. I thought though that in a multiple car accident, your insurance went after the insurance of the person that hit you. Lets say 10 cars are involved, your insurance company sues the insurance company of the car that hit you. Then their insurance company sues the person that hit them, and tacks on the damage they paid out on your car and so on. Ultimatly it all ends up on the guy that started it, but it makes it easier for the insurance companies to assign blame. After all You can easily show who hit your car, and you don't have to go through the whole series of the accident!

That would be an incredible waste of money and the court's time. If everyone knows who caused the accident, that's who gets sued. The other drivers have no liability if there is proof that they did not cause the accident.