Another car got hit from behind, lost control, flipped over and
landed on top of my car. Everyone got out safely and then
both cars caught fire and are a total loss. Neither of us had
collision or comprehensive coverage and the other driver's insurer
says they won't pay me because the third car (that took off) was
at-fault. How is this possible? Her car is the one that did
the damage to mine.
Insurance companies only pay for what their insured
policyholder is legally liable for, and, in this case, hers is
saying she has no liability. Unless there is some evidence that she
, the insurer is correct.
You have a right to be frustrated since you were involved in a
that left your car in flames and a total loss. Now you find
that you have no recourse against the only other known
If she were at-fault (for instance, she had run a red light),
then normally you would have been able to make claims against her
liability coverages -
for any injuries sustained and
for the damages your vehicle sustained. But neither one of you
caused the accident. The other driver is as much a victim as you
are; without collision or comprehensive coverage, she won't be
seeing any checks from her insurance company, either.
If the at-fault driver had actually stayed, then you and
the driver of the car that ended up on top of your car would both
probably be fighting over how much of the responsible party's
liability insurance limits each of you would receive (if the person
didn't have high enough limits to pay for both of your damages in
full, which is quite likely given that two cars were totaled).
With neither of the other drivers' insurance policies available,
the only coverage that would pay for your car is a collision policy
of your own. To pay for your hospital bills, you would
need personal injury protection or medical payments. You
may also be covered under uninsured motorist bodily injury coverage
since in many states this also covers injuries resulting from a
Some states require that you carry uninsured motorist coverages
as part of your state minimum auto insurance coverages. Check your
policy to find out if you have these coverages and see if you can
make a claim.