QuestionLast September, an SUV merged into a main street behind my wife's car and rear-ended our BMW, in Harrsisburg, PA. A police officer talked to both drivers on the scene, but then told my wife that by law he would not be filing an official report since it was only a fender-bender and no-one was hurt. However he did record in his official journal that "Driver Jagadam (my wife) was rear-ended by driver Balsbaugh (the SUV driver". The two drivers exchanged insurance information and everyone left the scene.
Subsequently we asked our insurance career, Nationwide, to file a claim on our behalf, holding the other driver at fault since they were merging in, they rear-ended my wife, and the officer's statement would support that damage was done to our vehicle by their SUV hitting us. We had our car repaired by an approved bodyshop, and Nationwide covered the cost in the short-term. However, several weeks later they sent us a letter stating that they had filed a demand
to arbitrate with the Inter-Company Arbitration, and that the ICA panel found insufficient evidence to hold the other party at fault, despite the police officer's journal entry; hence Nationwide was paying out our expenses through our own insurance.
Now, nine months after the accident we received a letter from our insurance company y'day stating that the other party's insurance company(AllState) has filed a demand to arbitrate with the Inter-Company Arbitration (ICA) Association, over responsibility for the repairs it paid for on the SUV. Nationwide has informed us that if the ICA panel should decide against us, then they would pay Allstate's claim against us, as per our insurance policy.
Question: If the ICA panel should rule against us, will my wife now be considered the responsible party for the accident? Is this likely to affect our insurance rates? Given that the other vehicle hit us, do we still have recourse against them i.e. can we file a counter-claim? Is there any way we can capture the witnessing police officer's statement to support our version of events? Is there a way for us to recover our deductible and the cost of car rental?
AnswerHello Suraj,
Your specific questions are: If the ICA panel should rule against us, will my wife now be considered the responsible party for the accident?
Yes. If the the arbitration panel decides that you wife is at fault, your insurance company will have to make a payment under your policy. This will be held against you. '
For more information about arbitration, please see:
http://www.auto-insurance-claim-advice.com/arbitration.html
Is this likely to affect our insurance rates?
Yes. If your wife is found at fault, she will be considered a riskier driver, and rates will go up.
Given that the other vehicle hit us, do we still have recourse against them i.e. can we file a counter-claim?
ICA panels occur when there is disagreement regarding fault and/or damages. The ICA panel will decide who is at fault, and whoever is at fault must pay the other party. Arbitration decisions are biding upon the insurance companies. Your insurance company should be making the counter claim (your wife is 0% at fault, making them 100% at fault).
Is there any way we can capture the witnessing police officer's statement to support our version of events?
It depends on your adjuster's investigation.
Is there a way for us to recover our deductible and the cost of car rental?
Again, it will depend on the ICA determine what you are entitled to. Make sure your adjuster asks for this.
Good Luck,
Anne
http://www.quirogalawoffice.com/
