Auto Insurance Claims: whos at fault, oncoming car, safe distance


Question
My husband was involved in an accident where he was traveling east on a two way highway when he hit a spot in the road that was covered in water and started to hydroplane. He crossed the yellow line and came in contact with the oncoming car and just clipped that cars rear end. My husband was able to straighten out his car but as he did the van that had been tailgating him hit him in the front passenger door and fender. This accident caused mostly facial damage to the van but tore up the front of my husbands car. The car that my husband hit initially fled the scene. Now the cop shows up and says without a witness my husband is at fault and cites him for driving too fast for conditions even though he was going 10 miles an hour under the speed limit. However the driver of the van did not get cited at all and he did not have proof of insurance on the scene which in our state is required by law. So my question is how can the officer assess that fault lies with my husband when one car fled the scene and all the evidence shows that the van was following to close? If the van had been at a safe distance away he never would have hit my husband. How do I address my concerns with my insurance company?

Answer
Hi Crystal,

Although it sounds crazy, your husband is required to always be in control of his vehicle. Although he was driving 10 miles an hour under the speed limit, it was apparently not slow enough to control his vehicle when he hit the water. He lost control of his vehicle so under the law he is responsible for everything that happened after that. Since there are no witnessess that can say otherwise, I do not think he will be able to change anyones mind.

I hope this helps
Richard Hixenbaugh