Auto Insurance Claims: Insurance claims, state traffic laws, insurance adjuster


Question
Hi,Richard.

I had an accident a couple of weeks ago in a intersection (uncontrolled) where i have the right of way. My vehicle has front damage and his has rear side damage.

My insurance adjuster called and recorded the accident thru phone;and since it was an uncontrolled intersection. It would be difficult to determine whose at fault (per my insurance adjuster).He advised me to file a claim thru the other insurance to get them pay for my damage since i only carry liability and no collision.

My questions are:

1 - How do i file a claim thru other insurance and ask them to pay for the damage? and how can i convince them that they have to pay? i thought this is something my insurance people should do, is it not?

2- How much pull does the "Right of way" rule in Washington State?  

Answer
Hi Don,

To file a claim, you simply call the claims office of the insurance company and tell them that you would like to report a collision with one of their insureds. They will also take a statement from you and their driver and will make a liability decision. Your insurance company does not handle any aspect of your claim unless they actually make a payment on your behalf. Since you had no collision coverage they will not make any payment. So you are on your own to deal with the other insurance company.

I am not specifically familiar with Washington state traffic laws. However, based on your description of the damage, you should expect them to try to plcae at least some of the blame on you since the damage to the other car is at the rear. Tey will content that you should have seen the other vehicel if he was that far into the intersection and taken evasoive action to avoid the accident. I know there was not likey enough time for you to react, but this is how the game is played. If they can place some percentage of the blame on you ten they can save some money by only paying for a percentage of your damage.

I hope this helps
Richard Hixenbaugh