I feel bad that you are going through this, but what do you think you can do?? You can't prove who the other person was and that they left the guard rail in the road. They may have moved it to the side, but someone else hit it on the side of the road, causing it to come back out. But, your insurance company can not help you since you don't have the coverage that they could help you with. I am sorry to say that you are out of luck. And, in this case, you could not have had assured cleared distance since you hit something. Good luck - you can try all the lawyers in the state, and I don't think you have a leg to stand on. Also, the free way to get help, if you truly believe your company to be in the wrong is to file a complaint with the state insurance commissioner. They will review the case and make a determination. Good Luck.
Licensed Insurance Producer
· 1 decade ago