QuestionHelp. This is what happened. I was at a stop sign and I looked both ways. I saw a car coming to my left.. far off.. I made the left hand turn and when I did I was going in my lane.. not too far, when I saw the car swerve over in my lane and she hit me head on in the passenger's side. It totaled my car. She only had her permit. The police officer did not give anyone a ticket. However, I talked to him afterwards several times and he said he believed the other girl was at fault for going left of center and hitting me head on. She said I pulled out in front of her.. but I had plenty of time or else I would not have had time to turn and be in my own lane and see her cross over and come at me. I stopped since I knew if I was going, it would be a stronger collision. I just braced myself to be hit. I had a passenger who saw it and she had one also (her mother.) The first insurance agent ruled in my favor and even got me a rental car.. 2 days later another agent took over and ruled against me saying I had a part in it since NC has a 1% rule. I was not at fault at all. The police officer agreed with me. The 2nd agent said there were skid marks made by the other driver, but there were not and now she denies saying that. What can I do. I do not have collision and I have some medical bills also.. not to mention my new car is totaled. Thanks so much, Shannon
Answer Hello Shannon,
You have a multitude of issues here.
I understand the NC liability rules, if you are responsible in any way for the accident, you cannot collect damages. So the issue here is liability. From an insurance standpoint, I can tell you that enabling one adjuster to make a decision so important to you is not a good idea. In your particular case you actually have two adjusters from the same company who disagree with each other. So that, to me, is even more suspect.
Adjusters are not experts. They are not accident reconstructionists, they are not attorneys, they are not a witness to this, and they are not a jury.
From you description, it appears to me that the other driver could well have been speeding and then simply overreacted and lost control. I'm not sure how that places liability on you. The skid mark issue is of no consequence unless they are evaluated by an expert - and they could actually work to your favor.
You mention that you are injured, and clearly you have serious property damages. Here's what you need: A Lawyer! Find a lawyer who is experienced in insurance law. You can do some research online, or check with your state bar. Usually they will provide attorney referrals in the specialty you need. An attorney can advocate on your behalf to attempt to negotiate a settlement for you on both liability and damages. If the insurance company continues to stick by their 1% position, ultimately only a jury can decide negligence.
One other note. You say the first adjuster decided in your favor and even extended a rental car. Accordingly, you relied on that decision. Now I don't have all the specifics here, but just based on what you have described, you could have a cause of action against the insurance company for committing an estopple against you. Meaning, promising you one thing, having you rely on that promise, and then changing their position. In insurance circles, that is a serious no-no.
Find an attorney - and next time, if you cannot afford to replace your car - get collision!
Hopes this helps. I wish you well.
Jane Pytel
http://SolutionsForyourInsuranceClaim.com
