QuestionI was involved in a 4 car accident on October, 2009. I am the second car from the top. Police report specifies the 4th car driver to be liable.
1st car; $1000 damage. Says she had two impacts, suggesting the 2nd car (I) hit her first.
2nd car (me); $3000 damage. I stopped in time without hitting the 1st car. Had two impacts. Hit by the 3rd car first and then by the 4th car.
3rd car; totaled. Got speeding violation. Says I hit the 1st car. (I was in SUV, and he was siting low in a sedan. I stopped in time with a very small space between the 1st car and mine (2nd car), so he could easily mislead that I hit the 1st. There is no way that he was able to decide reasonably if I hit the 1st car or I stopped in time.)
4th car; I don't know how much, but pretty sever damage.
After 4 months, I received a letter from my insurance company that the 4th driver's insurance company decided to be liable only 50%. My insurance company says the only option now is that I fix my car (I haven't had my car fixed, so that I can submit it for further investigation if necessary), paying the deductible myself and then go into the arbitration with the 4th driver's insurance company.
1. I strongly believe that the 3rd car is also liable (since I had two impacts). I pointed that out many times to my insurance company, but have not received any report on the negotiation with the 3rd driver's insurance company. Should I insist on it?
2. Should I get the car fixed at this point, or wait?
3. In general, I am not happy with the my own adjuster. I have an impression that she did not have the readiness to withstand/fight with other insurance companies. Should I complain to her boss, or state insurance department?
Any other recommendation?
Thank you so much for your time in advance.
AnswerHi Jas,
Unfortunately things don't work the way most people think. The decision to pay a claim or fight is solely up to the insurance company. Even if you feel you are not at all at fault, your insurance company can decide to pay the claim. It comes down to what is the most financially expeditious way to close the file. They will often weigh the time needed to push further versus the amount of money they may gain. Often it's just more prudent to accept a compromise and move on.
When there are multiple vehicles involved there are also multiple explanations from each driver involved. No one likes to be considered to be at fault. Insurance adjusters do the best they can in most cases to sort through the bull and try to make a reasonable liability decision based on the statements, the police report and any witness statements.
You can ask to speak to your adjusters supervisor and ask them to review the file to see if they can do anything else. Don't bother with an insurance department complaint because they do not get involved in liability decisions or anounts of damage. They only handle complaints of breaking insurance law or specific policy language.
In the end, you will likely have to live with the insurance companys decision.
I hope this helps
Richard Hixenbaugh
