Auto Insurance Claims: auto accident, liability dispute


Question
I WAS DRIVING ON A TWO LANE HWY, I WAS IN THE LEFT LANE AND AN 18 WHEELER WAS IN THE RIGHT LANE HE DECIDED TO CHANGE LANES AND CAME INTO MY LANE PUSHING ME OFF THE ROAD CAUSING MY CAR TO GO OUT OF CONTROL AND FLIP ABOUT 3 TIMES. HE CLAIM I WAS BEHIND HIM IN THE RIGHT LANE AND I TRIED TO OVER TAKE HIM. THE POLICE DRAWING HAS ME IN THE LEFT LANE AND HIM IN THE RIGHT LANE CHANGING TO THE LEFT LANE HIS INSURANCE COMPANY IS INVESTIGATING AND STALLING THIS HAS BEEN SINCE JUNE 17, 2010 WHAT SHOULD I DO?

Answer
Diana,

  Depending on the State where this occurred, there are many options.  

1.  In most States, the transportation code requires that vehicles on the right yield to vehicles on the left when changing lanes.  You might look up the applicable statute and provide it to the insurance company to "help" them make the decision.

2.  If there is actually an insurance company involved, then it might be prudent to locate the information on the actual trucking company and put some pressure on the trucker's employer directly.  Small claims court is very effective in speeding up the settlement of claims.

   Keep in mind that if there is no actual evidence of liability it is likely that you will have to fight to prove whose fault the accident was.  Make it clear that you will fight as soon as you have any real indication that they are going to deny your claim.  Sometimes just making it known and being willing to follow through will make the claim settle and add credibility to your plight.

   I hope this helps!  Information is always free at Petty Details, LLC!