I was in a car accident, caused by someone else. My insurance company won't help. What do I do?

Approx 2 weeks ago, i was driving home on the freeway at around 10pm. I was in the slow lane. The car in front of me slammed on his brakes and swerved into the lane to the left. Upon him moving, I noticed that there was something laying across the lane I proceeded to slow down and and realized it was a guardrail... show more Approx 2 weeks ago, i was driving home on the freeway at around 10pm. I was in the slow lane. The car in front of me slammed on his brakes and swerved into the lane to the left. Upon him moving, I noticed that there was something laying across the lane I proceeded to slow down and and realized it was a guardrail laying across my lane. I was unable to get around it due to traffic in the lane next to me, so I hit it (i had slowed down to approx 35mph at the time) I hurt my back and I believe my car is totalled. I drove it down the berm to the next exit on the rim because I was afraid there would be a pile-up. I called the police and they came out. I had my car towed home. I called my insurance company the next morning and talked to an adjuster who seemed to be helpful at the time. He called me back a few days ago and told me that someone had just had an accident before I had gotten there and that's why the guardrail was there. He said there was nothing I could do, I should have avoided it- and he kept mentioning assured cleared distance (which I always have plenty of) I was shocked to think my insurance company was trying to blame me for the for damaging my vehicle. I only have liability and cannot believe the person that originally hit the guardrail is not liable. I have a 5 year old and a 7 month old and no vehicle. I live off of $200 a month and I can't afford a lawyer, and don't even know if I have a case. I just can't believe no one is liable. Please help, any advice would be great. I live in Ohio and the accident occurred in Stark county on I-77. Thanks!
Update: The other person who hit the guardrail first did report the accident, apparently they had hit it seconds before and were off the road.
11 answers 11