Visitor Question

Claim from multiple parties exceeds insurance coverage?

Submitted By: Anonymous (Newhall, California)

I was parked legally in front of a quiet neighborhood and my truck was struck. I was not in the vehicle at the time. The motorist then struck another truck after mine, and finally ended by crashing into wall. There were several witnesses and a police report was filed.

My question is, since my truck was hit first and the at fault driver only has $10,000 coverage, do all of the innocent parties split that amount for property damage or would my truck be a separate claim? Thanks for any information you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

An insurance company is required to act in good faith when settling multiple claims when their  insured’s policy limits are insufficient to satisfy all legitimate claims arising out of a single accident.  In most cases, insurance companies will investigate the accident and then divide the policy limits so that their insured is left in a position with the least exposure.

In your case, because you were hit first, the at-fault driver’s insurance company will likely conclude you have the strongest probability of prevailing in a claim against their insured. When striking your car the at-fault driver was likely cited by the police for “Following too Closely” or “Reckless Driving.”

The at-fault driver’s insurance company’s loyalty is to their injured. That is why they will likely pay the property damage claim most likely to succeed against their insured. Doing so affords the at-fault driver less exposure.

Don’t wait for the insurance company to decide who gets paid first. Contact them. Speak with the claims adjuster handling the claim. Be sure the adjuster has a copy of the police report. Argue your claim is much more likely to succeed than the other driver as the insured obviously crashed into you first. Therefore you deserve the majority of the policy limits.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *