I had an accident

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I had an accident

Anonymous Dec 5, 2016 Business 5 views 5 answers

I got hit in the rear of my pickup by a semi. When the semi hit me I swung around and hit 2 unattended parked car and pickup. The insurance companies agreed the semi was 80% at fault and I was 20% at fault. I only have liability but am having trouble getting my insurance company to fix the guys pickup. He is now taking me to small claim court. It is hard to get hold of my insurance company as they won't answer their telephone. USAA is the company I have. I agree to fix the pickup but I do have insurance and want them to fix it. The guys insurance company (he only has liability also) told him to take me to small claim court. Shouldn't he be sueing my insurance company? Thanks for any help you might have for me. Larry Samms

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA · Accepted Answer · 2026-06-15T17:36:39+00:00

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA · Jun 15, 2026

Unrepresented parties aren't taken seriously is the problem

0 upvotes

Eliot Wolf · Accepted Answer · 2026-06-15T17:36:39+00:00

He should sue you and your insurance company should defend and indemnify you. You can always third-party the semi driver for cases brought against you as well.

Lars A. LundeenPersonal Injury LawyerRutland, VT · Accepted Answer · 2026-06-15T17:36:39+00:00

No he doesn't sue your insurance company. You need to make contact with a supervisor at USAA and advise them you have received suit papers. They will tell you where to mail the papers. Keep a copy of everything you send to them. Additionally, you may want to contact your state insurance Commissioner's office and tell them about the difficulties you have had with USAA. You should not be paying anything out of your pocket when you have liability coverage.

Lawrence Flick · Accepted Answer · 2026-06-15T17:36:39+00:00

I have been handling Kansas vehicle accident cases for more than 20 years and in almost all of my cases when a vehicle is rear-ended, the driver who rear ends the other vehicle ends up being responsible for 100% of the damage. There are exceptions but your case summary did not provide enough info. to determine whether one of the exceptions applies. Also, were you injured in the crash ? If so please contact an experienced truck accident lawyer. There are time limits which would apply to your claim and you need to find out about those as well. Hope it helps.

Brian Pistotnik · Accepted Answer · 2026-06-15T17:36:39+00:00

In Kansas you sue the negligent party and the insurance company will provide a defense in most cases. USAA will need to pay for an attorney to defend you and they should either settle the case for you or perhaps move the case from small claims into either a chapter 60 or 61 case where you can have an attorney (not allowed in small claims). You need to get a hold of USAA as soon as possible or have an attorney help you if you can't get through to than.

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