QuestionI was recently in an accident with a vehicle that was attempting to make a left turn heading in the opposite direction. She pulled directly in front of my car and although I reacted quickly I was not able to fully avoid her car. A policeman came to the scene and deemed the accident her fault. She was ticketed. There were skid marks indicating where I had hit my brakes and swerved to avoid her car.
After the accident she changed her story and said she was not even in the road and that I slid off the road and hit her. Her insurance company has denied liability stating they must "trust" their client. Of course they are not trying to say I am liable because that would involve our insurance.
Since the car I was driving was my parents and had liability only their insurance is not advocating for us in any way. I do have full coverage on my personal vehicle.
What do you advise doing?
Thank you.
Answer Hello Mary,
What the insurance company says about "trusting" their insured is partly true. If there are disputing accounts of an accident, and there is no evidence to confirm or deny either side, they should side with their insured (in this case the other driver).
But according to what you have told me, there is evidence - the police report - which contradicts her account. I am going to assume that the officer arrived at his conclusions from speaking to both drivers and after evaluating the physical evidence at the scene, notably the skid marks.
The insurance company's response is completely unacceptable in my opinion. If I were in your position, I would bypass the incompetence and go directly to a claims manager. I would have my facts in order, including a copy of the police report. I would fax or email that report to the manager IMMEDIATELY.
I assume the accident is recent. The skid marks might still be at the scene, depending on the volume of traffic. If it were me, I would go to the scene and take photos and send those to the manager. Just be careful not to get yourself hit!
And speaking of the police report, do you know if the adjuster even has a copy?? You would be shocked to know that many liability decisions are made in minutes and do not even include input from the police report.
You don't mention if you are injured. If you are, you might want to consider speaking to a personal injury attorney. The liability decision will carry over to all coverage - both property damage and injuries. If liability is not accepted by that company, you will not be able to seek recovery for anything without an attorney.
Hope this helps. I wish you well.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
