Auto Insurance Claims: At Fault Dispute, broken collar bone, police report


Question
A person I know was T-boned in a traffic light controlled intersection.  Both drivers claim they had the right-of-way. There was a witness to the accident, but did not see the light to determine who was at fault.  I saw the police report and it does not list the at fault driver.  The person I know did get injured (a broken collar bone, cuts, and a lot of bruising.    

How does the insurance process work in these cases?  Is pursuing a lawsuit against the other driver worth the trouble?

Answer
Hi Jeff,

In order to win in court, your friend will have to be able to prove he was not at fault. Based on your statements, it does not sound like he can do so. This is a he said, she said situation.

The insurance companies involved will likely determine liability to be 50/50. This means each will be paid half of their damages and injuries by the other.

I hope this helps
Richard Hixenbaugh