QuestionHi, I could use some advice in how to respond to my insurance co. saying I am at fault.
I had to avoid a car that was blocking my lane by shifting my car at a slight angle. The other car moved so I angled my car back. When I checked my mirrors I didnt see another car. As I was almost done shifting into place a car driving very fast side swiped me. The damage is pretty minor and no injuries. I was going very slow and I suspect she was speeding because she came from the intersection and wanted to make the next light.
The insurance co says I'm at fault, even though I believe the other driver should be partially liable for plowing into my car without paying attention to the road. I understand CA has comparative fault, so shouldnt there be some shared liability? What can I say to my insurance company to fight this?
Answer Hello Ellen,
The first issue is what did your insurance company do in order to arrive at this decision. You are, after all, their insured. Absent evidence to the contrary, your account of the events should be believed over that of another random driver.
Insurance companies are obligated to conduct valid, impartial investigations on all claims. What specific evidence did they acquire that led to the decision that you are "at fault". What traffic laws did you violate? Were there any witnesses? Did the other driver have a chance to stop prior to striking you? Were you cited?
I assume they are charging you because they believe you violated the other driver's right of way. But could that driver have avoided the accident? What about the other car, the one you were trying to avoid? Isn't that driver negligent? These are the types of questions that become a part of any liability decision.
There is one issue here, however, and that is in regard to comparative fault. That applies only when determining portions of liability for each driver. It is applicable only in a courtroom setting or in terms of liability coverage. It would be of importance to the other driver if that driver files a property damage claim against your policy. But, as far as you are concerned, your collision coverage pays you regardless of fault. The difference is what will happen when you renew your policy? Most certainly, your rates will go up. And that is the issue here. Is that fair? Was this really your fault?
All decisions made by an insurance company must be based on evidence. They cannot simply refer back to the police report, nor can they make decisions without talking to everyone involved. They must also examine all damages. Was this done?
I am attaching a link to an article I wrote for my blogger site http://expertinsuranceadvice.blogspot.com/ Here is the exact page:
http://expertinsuranceadvice.blogspot.com/2011/05/car-accident-settlements-who-d
This article will explain in more detail how claim investigations are supposed to occur and what, if anything you can do about it. In the end, unfortunately, if they fail to change their position you lose ... and there's nothing more you can do about it.
Hope this helps. Good luck!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
