Auto Insurance Claims: 4 way stop accident, accident reconstruction, claims history


Question
QUESTION: I was the first car at a 4 way stop. I saw the car to my left approx. 2 feet from the stop.  I proceeded into the intersection of which there was a wreck.  I was going north and the car involved was going west.  Now the only dammage to my vehichle is the bumper has been pushed fron left to right.  Her dammage starts from the front fender well (4 door car) to the back fender well.  My insurance is saying I hit her passenger back door.  They will not give me the pictures of her car.  All experts say with no grill or head light dammage I could not have hit her head on.  Am I entitled to the pictures?

ANSWER: Pat,

    I don't mean to be argumentative or pick your question apart, but if your vehicle was traveling north and the other vehicle was traveling west, then the damages to your vehicle should indicate a right to left pattern, not left to right.  That being said, I think either your travel directions are a little off, or the damage actually started on the right and went to the left.

    Anyway to address your question. . .

1.  There is nothing that says your insurance company must include you in the investigation of liability, but they have a duty to defend you from liability.  If they are failing to properly defend you of liability, I would suggest you indicate that you feel they are breaching their contract with you and that you intend to pursue damages if they incorrectly place liability upon you or create a claims history on your record that will affect your future risk rating.

2.  Pictures are not very helpful in determining how an accident occurred.  A very expensive accident reconstruction would be required to accurately rely on photos to determine how an accident occurred, and even then, there is a big margin for error.

   I am always willing to spill my information for the benefit of justice.  If you need further information or have further questions, feel free to bug me about it.  I hope this helps.



---------- FOLLOW-UP ----------

QUESTION: My dammage goes from drivers side towards passenger side No glass breakage, no grill dammage, no fender or hood dammage.  Just bumper.  I was still in exactley the same lane I started out in.

Answer
It may be of benefit to you to file a claim with the other carrier, if there is one.  Your case is a genuine liability dispute and your insurance company has to either believe you or believe the other party.  An insurance company will normally settle a claim with a release and payment, the release almost always states that the settlement is not an admission of liability, rather an offer to buy peace and avoid litigation.