Thank you for your follow-up.
That does give me the information that I was seeking, thank you. Please allow me to summarize your options and also some potential concerns.
1. The fact that you were not directly hit is not indicative that the other person is not at fault. While direct contact would have been better from a legal and personal injury
perspective, you can still make a direct claim that 'but for' his reckless behavior, you would not have swerved and would not have consequently suffered damages
. If your insurance company is refusing to cover you because this is outside of your scope of coverage, you have the right and the ability to take this person to court directly yourself. The problem is that the small claims
court can only hear cases of up to $5,000, so if you wish to sue him personally and without the help of an attorney, you would need to make your claim less than your damages. Otherwise you would need to take him to a higher court and potentially get an attorney to assist you. You also can speak with a personal injury attorney to see if they can negotiate for you and pursue the the party for damages. Based on your insurance coverage that is not likely to help as most attorneys would likely pass on this case, but it is possible.
2. The major concern here is the passenger. Since she was driving
with you, she has the ability to file suit against the owner and the operator of the vehicle in which she was injured (meaning you). I cannot tell you if she will, but under state law she can do so. She also can bring a separate cause of action against the other driver for her damages and also use the 'but for' argument above to claim that he would be liable to her for damages.
Hope that helps.