QuestionI live in Texas and I was involved in an auto accident in September 2011. My insurance claims adjuster found the other party at fault but it has taken until just a few days ago, April 2012 for the other company to finally contact my company and I. The adjuster asked me to briefly explain the accident (even though she should already have this information from both parties), when I was done she immediately denied the claim. Case closed, sorry!
How can it be that my insurance found me NOT at fault but after talking to the other company 7 months later, for 3 minutes, they can just deny the claim.
Answer Hello Jessie,
September 2011?
I'm, unclear what you are waiting for. If you have collision insurance, you should have been paid in September by your own company. Collision protects you regardless of fault. You would, however, need to pay your deductible.
It is your insurance company's choice to "subrogate" the other carrier. This means they would seek reimbursement from the fault company for the collision damages they paid to you plus your deductible. Other than eventually receiving your deductible (or a portion of it), you should not have any involvement in the subrogation process as it is something that is carried out exclusively through insurance companies.
Insurance companies arrive at liability decisions every day. Unfortunately, these investigations are too often flawed. They can be incomplete, biased, or carried out by adjusters who sometimes really have no idea what they are doing.
Since Texas uses a form of comparative negligence, presumably the adjusters involved could each agree to responsibility for damages proportionally. The only exception would be if a driver is found to be more than 50% responsible. Then that driver is entitled to nothing from the other party. A denial would then need to be based on a finding by the other adjuster that you were more than 50% at fault, and are therefore entitled to nothing. Arbitrary for sure.
The good thing for you is that your company has not found you responsible, so your rates will not reflect an at fault accident. Unfortunately, however, your deductible will not be reimbursed. Once the other company makes a decision - no matter how flawed - it is highly unlikely they will change it. The only exception would be if your adjuster attempts to negotiate - which he/she should do.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
