Auto Insurance Claims: Auto damages liability who is at fault, fault the police, insurance comapny

Question
QUESTION: who is at fault to pay for the damages ...



This is with regards to auto insurence liability ,( Florida ).

I was in a  Van, in the main road ,  I was in the center lane  ( to turn left on to the street)  waiting for the clearence , all of a suden a  car came from the  left street, truned wrong side  on center lane  and hit my van  head on .... vehicles were removed from the road  immediatley by the public as it was obstructing the trafic ( no pictures on the secene of accident were taken )

after  30-40 minutes the  police /trooper came  and asked  details  from both  the drivers and  on the exchange information report of the police/  trooper  the  car driver was  charged  as the violator  and was given  ticket / fine ,  the car driver also  got 4-5 points on his licence )(  the charge  was -- R-OF-way - entering through hiway ).

I called his insurence company (both  the drivers insurence company  happens to be the same ) and want to claim  the Auto damages from  the violators side .

insurence company is taking time waiting for  detailed police report  to determine the  liabilty ( who  has the liabilty )  as they say there is a contradiction in the information  gievn to them  by the car driver (viloator on the  police report )

I want to ask,   why insurence adjuster is taking time to determine the liability .. as it is very clear  on the  FHP report  that the violator is the car driver .

do you think I am right to  claim the auto damages on the  violators side .?

please help

srikant



   



ANSWER: Hi Srikant,

The police report is just one tool that is used to determine liability. The insurance comapny will take a recorded statement from each party as well as look at the police report. Even though someone gets a ticket does not mean that they are 100% at fault. The police office is simply recording on the police report what the drivers tell him. The police officer did not actualy see the accident. So the adjuster takes all sides including the police report to make a final determination. You will just have to be patient until they complete their investigation.

I hope this helps
Richard Hixenbaugh

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

QUESTION: Hi!Richard ,
Thank you for the answer .

As  the investigation  is going to take  a lot of time .. my rental  car  is only for 30days ( which is  ending in  5 days ) ,
Do you think I should get the van repaired on my  own insurence claim ( paying deductable ) and  without getting diminishing  value  of the  vehicle . and make my insurence premium go up .

As  both the  party insurence company is same (Allstate ) .
I think  they will close  the case  and  my agent will not fight among  themselves to find  whos liability .


Please advise ,

Do I have  to  get it repaired  with my claim , or need to wait for the investigation. (as a lawyer is  asking for my  injury claim only )


Please advise.

Thank you

regards

srikant  

Answer
Hi Srikant,

You should make the claim on your own insurance to get your vehicle repaired. If the other persons insurance accepts liability after the investigation they will reimburse your policy and your premium will not increase.

I hope this helps
Richard Hixnebaugh