Auto Insurance Claims: Determining who is at fault., claims adjuster, food place


Question
My fiance was in a car accident in our car today. He was in the far left lane of a six lane (3 each way) road. The two right lanes were clogged up and my fiance was in the left lane going the speed limit, almost to an intersection, with a green light.

An individual pulled out of a fast food place on the right side of the road. It would appear that since the two right lanes were stopped - they allowed him to pull through to the main road. Once he got through the two lanes he continued on to the far left lane and my fiance was forced to have a collision with him. My fiance's front side hit this person's left backside. This indicates to me that the impact happened right then the individual pulled into left lane.

The other driver was cited for failure to yield. This in in Virginia. My fiance was not cited.

His insurance has been contacted but they have been unable to reach him. Our insurance is aware of the situation and stated that there is no reason that this person's insurance would be able to deny our claim.

Do you believe they would try to deny our claim? What if the other driver tries to state that something else happened? (which I believe would be hard because of where the cars impacted) Do you have any other advice? I am nervous that they will deny it and we would run out options.

Answer
Hi Colleen,

Don't get ahead of the process. Yes it is possible that the other driver may try to change his story. However, the claims adjuster will take a statement from both drivers, obtain a copy of th police report and inspect both cars to help in the determination of liability. Based on your explanation of events your fiance should be just fine. If it does turn out that there is a problem and they try to deny liability then just let your insurance comapny handle the damage to your car and they will fight it out with the other company to get reimbursed.

I hope this helps
Richard Hixenbaugh