Driving & Driving Test Tips: Do I have to take this?, high school kids, case worker


Question
Dear Mark
I wrote to you previously about an incident in which I was found to be at fault.  I won't repeat all of the details ("How did this happen?")  but I just got a call from the person reviewing the case who said that I am still going to be found 100% at fault because the other driver "owned the lane"  and I caused the accident by making the lane change.  She said that I would have to have a witness to prove that the lane was clear when I started to change lanes and that the accident was caused by the truck speeding across the intersection.  You had thought that because there were no witnesses (there were literally hundreds of high school kids around, but no statements were taken) that it would be his word against mine and at the worst the liability would be 50/50.  So here is my question now;  Do I have any other choice than to accept this decision?  The case worker said that she has to consider whether the case could be won if it went into arbitration and that because the other vehicle "owned the lane"  I am the one at fault.  I'm just wondering how a case is arbitrated when both claiments are represented by the same insurance company.  I sort of feel that I don't have an advocate because this insurance company has to pay no matter who is at fault and it is most expedient, and perhaps cheaper for the insurance company to stick with its original ruling than to arbitrate with itself- if that is even possible.

Answer
I agree that there is little recourse within the insurance company when they have made their decision.  they will tend to stick to it.

the only other thing that you can do is sue your insurance company, but this means obtaining an attorney and going thru the civil process for adjudication.