[TiffTerr]

My 18 yo son and girlfriend were on their way to a high school football game. On a 5 lane busy highway, my son who was driving in the inside lane was struck by a truck that came into his lane. My son, Cody, was pushed into oncoming traffic. To avoid a head on collision, cody jerked his wheel to the right. Cody then hit the same truck again, but more from the rear. At that point codys truck came to an abrupt halt, the air bags deployed and the engine died. The second truck continued to drive away. The kids were fine. The police responded. They deemed the accident a hit and run. A tow truck was called. Approx. 45 min later, while we were still waiting on the tow truck, a second officer reported another hit and run a mile up the road. It was discovered that this was the black truck that had hit cody. The driver of this truck had pulled into a convenience store and called police. He stated that he had been hit by a white van while sitting at a stop light. He also stated that the white van fled the scene. Both officers collected insurance data from cody and the second driver. They then gave each of us the others information. I filed a claim against the second drivers policy with Farmrs Ins. If the other driver filed a claim against my co, Allstate, I am not aware of it. The police report showed a diagram of the other driver pulling into codys lane and striking cody in the right front panel with his left back panel. The report also sited cody with "driver inattention". The report sited the secon driver with "turned improperly-wrong lane", "failed to drive in single lane" and "driver reported wild animal in road". The other drivers insurance co. Farmers accepted complete liability for the accident. Their estimate of value was lower than what Allstates was. So I used my allstate policy to pay for the claim (minus the deductible). Allstate and Farmers went into subrogation for the payment. Farmers sent me a check for the amount of my deductible.
I thought the whole thing was over. Last Tuesday the driver who caused the accident, filed a suit against cody for 750.00 . For the amount of HIS deductible that he paid to have his truck repaired, plus court cost. Someone told me that my ins. Co, allstate should provide me with legal representaion in the matter. Is that true? Does anyone have any helpful advise? I am very annoyed with the whole thing and would like to know if there's any way to have it thrown out. The accident caused me to have to find a way to get cody to/from (hes too young to rent a car) He and I both missed work. Not to mention that I had to buy another truck, come up with another down payment. What a hassel! Thanks for your attention!
Tiffterr

[JudyKayTee]

My 18 yo son and girlfriend were on their way to a high school football game. On a 5 lane busy highway, my son who was driving in the inside lane was struck by a truck that came into his lane. My son, Cody, was pushed into oncoming traffic. To avoid a head on collision, cody jerked his wheel to the right. Cody then hit the same truck again, but more from the rear. At that point codys truck came to an abrupt halt, the air bags deployed and the engine died. The second truck continued to drive away. The kids were fine. The police responded. They deemed the accident a hit and run. A tow truck was called. Approx. 45 min later, while we were still waiting on the tow truck, a second officer reported another hit and run a mile up the road. It was discovered that this was the black truck that had hit cody. The driver of this truck had pulled into a convenience store and called police. He stated that he had been hit by a white van while sitting at a stop light. He also stated that the white van fled the scene. Both officers collected insurance data from cody and the second driver. They then gave each of us the others information. I filed a claim against the second drivers policy with Farmrs Ins. If the other driver filed a claim against my co, Allstate, I am not aware of it. The police report showed a diagram of the other driver pulling into codys lane and striking cody in the right front panel with his left back panel. The report also sited cody with "driver inattention". The report sited the secon driver with "turned improperly-wrong lane", "failed to drive in single lane" and "driver reported wild animal in road". The other drivers insurance co., Farmers accepted complete liability for the accident. Their estimate of value was lower than what Allstates was. So i used my allstate policy to pay for the claim (minus the deductible). Allstate and Farmers went into subrogation for the payment. Farmers sent me a check for the amount of my deductible.
I thought the whole thing was over. Last tuesday the driver who caused the accident, filed a suit against cody for 750.00 . For the amount of HIS deductible that he paid to have his truck repaired, plus court cost. Someone told me that my ins. co, allstate should provide me whith legal representaion in the matter. Is that true?? Does anyone have any helpful advise? I am very annoyed with the whole thing and would like to know if theres any way to have it thrown out. The accident caused me to have to find a way to get cody to/from (hes too young to rent a car) He and i both missed work. Not to mention that I had to buy another truck, come up with another down payment. What a hassel! thanks for your attention!
Tiffterr

As far as Allstate providing representation for the $750 representing the other driver's deductible - did you turn this specific claim over to them? (I would presume it's a Small Claims Court matter.) They can best tell you how to proceed. My guess would be it would cost them more than $750 to appear in Small Claims, wait around to be called and then argue the case so they may tell you to appear and keep them informed.

The fact that HIS insurance paid YOUR claim will pretty much get this thrown out and Allstate will probably tell you that.

No, you can't get it thrown out. The other driver has filed and has a right to his day in Court. You will have to bring your various proof and present your side of things. Did the other driver sue your company for personal injury, claiming he was not totally at fault and your son had some responsibility?

[TiffTerr]

I now have a formal answer. Allstate was quick to inform me that yes, they will provide me with legal representaion in small claims court. Allstate has been great. THey are collecting all the information, filing the docs with the court, forwarding copies to the plaintiff. Now ill just have to wait and see how much my rate goes up with my next renewal!!

[JudyKayTee]

I now have a formal answer. Allstate was quick to inform me that yes, they will provide me with legal representaion in small claims court. Allstate has been great. THey are collecting all the information, filing the docs with the court, forwarding copies to the plantiff. Now ill just have to wait and see how much my rate goes up with my next renewal!!!

Is Allstate going to appear or are they just providing the back up paperwork? I'm curious because a friend of mine was in an accident on the California Freeway, was sued in Small Claims and Allstate told her to work it out - she ended up winning in Small Claims Court but almost became unravelled by the thought of being there alone.

If they are going to appear - I'm impressed!