(va) My Auto Shop Was Test Driving My Vehicle After Implementing A Fix. They Stopped At A Stop Light, And Were Rear Ended By Another Truck So Hard It Threw Them Through The Intersection. Driver’s Insurance Is Saying That The Driver Who Hit My Truck Is Not 100% At Fault.

Location: Virginia. Really, I’m posting here because I need to know if I need to contact a lawyer.

Basically, my truck was in the shop for a potential suspension/alignment issue. They fixed my truck and drove it to test it; and while at a stoplight, they were rear ended VERY badly by another truck.

The story is this: the driver of my truck was approaching a light that turned yellow, but we’re not at the solid lines yet, and knew they wouldn’t make it through before a red. They were almost at the red light when the truck behind them rear ended them so hard that they hit my truck and went under my vehicle. The driver that hit my truck admitted to texting and driving. The officer created a report and ticketed the driver who hit my vehicle (not sure for what). This all happened today. Thankfully, the guy from the shop is 100% okay. We are lucky he was, and I’m thankful he was in my truck - the entire front of the Tundra was almost crushed up to the cab. A smaller vehicle getting hit might have ended up being destroyed.

Initially, I made a claim through the driver who hit me’s insurance (State Farm). I ALSO have State Farm. State Farm already ‘investigated’ today and called me saying that the driver who rear ended my truck was not 100% at fault - that because the driver of my truck ‘didn’t have to stop at a yellow light about to turn red’, and was instead ‘impeding traffic’. I recorded this conversation.

So now, they’re saying it’s the Auto Shop that has to cover my truck - and State Farm will only be covering the driver who hit me.

To me, this sounds like State Farm just doesn’t want to cover both vehicles because the auto shop was involved - and I called the auto shop to let them know of the conversation. I believe they’re good guys, they’re always very clear with me and trying to save me cost where they can, and they’ve helped me out in a bind before. However, business is business, and they’re going to go to their own insurance as well - but my worry is that these insurance companies are going to end up playing hot potato while I sit without a truck, which I use not only to get around, but for my small business. Should I lawyer up? What do I do here?

Thanks in advance!