QuestionQUESTION: Bob and Joe were in right lane of multi-lane interstate. Bob,the driver,18 says Joe was horseplaying,grabbed steering wheel and jerked causing him to lose control, flip accross median, 2 lanes of feder road. Joe, the passenger, 23, says Bob was looking down distracted fiddling with something and when he looked up, another vehicle was too close so Bob(driver) panicked and jerked the wheel losing control.Joe bleeding profusely and Bob didn't call ambulance. Bob wasn't hurt, but Joe went to ER with concussion and many lacerations, cut vein. Due to conflicting stories, Bob's insurance is denying liability. Bob started sending text before Joe got out of ER demanding money. In one, he indicated they were on a one-lane feder road. Police report sites both versions, but also gives diagram and confirms the accident started on interstate in conjunction with what Joe said. Bob's medical limit $10K and has paid $10k of medical bills, but bills are more than that plus pain, suffering, permanent scars.Bob's insurance has ignored 2 letters and 3 emails requesting info such as Corp Claim Mgr and CEO name, address, and phone #, policy limits. Bob's ins co asked for email how to pay medical and email was sent, but they ignored. Another letter sent requesting to stop pay and reissue correctly and it was ignored.While there are conflicting stories,regardless, Bob failed to drive in safe manner and take evasive action so he s/b liable.Insurance adj has made many rude remarks also. How to get them to accept liability? Does Bad Faith Claim need to be filed with Insurance Commissioner (TX)
ANSWER: Layne,
Liability disputes are tricky, here's what I can tell you. . ..
The liability issue needs to be addressed carefully. Nothing you do short of filing a lawsuit will get the attention of an insurance company that is bullying you or ignoring you. Bad faith almost always only applies to your own insurance company if they treat you wrong, not somebody else's. What the police say doesn't mean much if they didn't see the accident occur.
Now, if Joe grabbed the wheel, then I feel the accident is his fault. If Bob over corrected and lost control, then Bob is at fault. Bob didn't fail to drive in a safe manner if Joe grabbed the wheel, right? What kind of car were they in? Was Joe buckled up? Where were they going? How long had they been in the vehicle? What time was it? Will Bob allow the "black box / event data recorder" information from his vehicle to be downloaded? In over 15 years of claims handling, I have seen this situation about 5 times. It could be argued that Bob was negligent in failing to apply his brakes when Joe grabbed the wheel, but that's a long shot even though there is some case law that basically says the driver is the driver and the one in control of the vehicle, and thus is negligent if a single vehicle accident occurs, but you need a good attorney. That's like saying that after getting rear-ended, if you rear-end the person in front of you then it is your fault for hitting that car in front because you were driving, right? Most juries and judges will agree that grabbing the steering wheel, if proven, is clearly the cause of the loss, and is the reason the insurance company is denying the claim. They are simply saying "prove it" to both the driver and passenger. Conflicting stories only conflict until a good investigator determines the truth, then there is no longer conflicting stories, but one lie and one real accident scenario. When litigated, whoever the jury believes will win. Joe will probably have to sue Bob in order to get a fair response from Bob's insurance carrier, and if Joe sues he still has to argue liability.
Finally, I'll say that if I were the adjuster, I would take recorded statements from both Bob and Joe in a controlled environment, and then I would be able to expose the liar in a typical Sherlock Holmes style investigation. Liars don't like to be recorded. Lies nearly always expose themselves under careful review.
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QUESTION: Thank you for the responses. In answer to your questions, they were in a Dodge Neon. It was totaled. Joe was buckled up. Bob had picked up Joe and wanted him to show him where to get some drugs. They had been in the vehicle 20 minutes. Bob picked up Joe at 10:55 PM and the accident was at 11:15 PM. Bob hasn't lived in the area long. Joe has lived there all his life so it's out of character for Joe to grab a steering wheel on one of the busiest interstates of Houston. Joe's 5 year's older than Bob and that isn't typical behavior he would follow. Not sure about your black box question-wasn't aware there was on.
ANSWER: Okay, well there is a place call Harris Technical that maintains a list of all the vehicles that are known to have EDR systems, and I also maintain a list. If Joe is a drug dealer or a friend that knows how to get drugs, then the general perception would be that he is not of great character or at the very least, keeps friends of questionable character. That little detail can't help, even if it makes Joe's story seem a more believable to the non-seasoned investigator/adjuster. At 11:15 PM on what day? It is unlikely to be very busy anywhere at that time unless it is a Friday or Saturday night or if some special event is occurring. Where a person lives is not normally a factor in judging their character. Age in this situation is of minimal importance.
My assessment remains the same in that there are still conflicting stories, and nothing you've provided so far is likely to cause an insurance company to change their mind. If Bob's judgment and character are clearly inferior to Joe's then it is highly likely a jury would believe Joe. The biggest thing that stands out to me is that it was late at night and less likely for many vehicles to be on the road. What was Bob fiddling with? Is the object still in the car? Was it a stain on his pants, food, a drink, a cell phone, trash, radio . . . etc. . .?
JP
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QUESTION: Joe is not sure what Bob was fiddling with- it was in the area where the air conditioner controls or an Ipod, cd, or radio would be. What would an EDR tell you other than the date or time? That's already established. Joe is not a drug dealer, Bob wanted him to show him where he might get them, Bob being new to the area. Joe had actually been having dinner at home, working out with a friend, and visiting with another friend in the hours prior to the accident and was actually about to go home when Bob showed up and within 20 minutes of getting into a vehicle with Bob, this accident occurred which has left Joe with permanent scars and concussion and Bob with no injuries. Bob sent text messages trying to extort money within several hours and over the next 3 or 4 days. He would say"the police say I should sue you and you need to pay me $3000". The police do not give legal advice. I believe Bob was in a panick becuase 1)he was already on probation having been arrested earlier in the year for disregarding an officer in a school zone and no insurance 2)afraid of getting in trouble at home because car totaled and insurance rates would go up due to this incident so 3) leaving threatening messages trying to get money to compensate. It would appear Bob's character is shady due to his behavior, both at the scene not calling an ambulance and leaving demanding text within a few hours of the incident which continued through the following week until he knew the insurance company was aware he was leaving these type messages. Bob was also ticketed for the accident.
AnswerAn EDR would provide, speed, direction of travel, whether the brakes were applied, the exact time of any impact, whether the blinkers were on or off, and a multitude of other data that could be used to support or thwart the accident description of an involved party.
I think you have it figured out. It is simply going to be a fight unless Joe can prove he is the one telling the truth. Clearly, it helps Joe's case if Bob doesn't come across as a good guy, but remember that doesn't mean Joe didn't grab the wheel. We could fill up gigabytes of the net arguing semantics on this case. It will take a true professional to figure out who is lying and who is telling the truth, and for a totaled Dodge Neon claim with disputed liability, one of the parties involved is going to have to be the profession and come up with that star piece of evidence that shuts down the other person's story.
JP
