Auto Insurance Claims: I was in an accident, liability question

Question
I was in an accident a couple of days ago in which I borrowed my mother's jeep because of the weather conditions. Some lady passed me, cut me off, and slammed on her brakes and I rear-ended her. Fortunately, I didn't get a citation for anything, but she got a citation for tailgating me before the incident; however, the incident was recorded as a "no-fault incident" on the report because she told a completely different story than what really happened. In other words, the accident was no one's fault, according to police. My mother's vehicle has liability only, and I am fully covered on another vehicle with a $500 deductible with collision. I have already filed a claim with the other driver's insurance company. Do you think the insurance company will deny my claim? If so, what is the worst that could happen as far as I am concerned financially? I live in North Carolina, by the way.

Much regards, and thanks.

Answer
Okay, well NC is one of only 5 states that use the pure contributory negligence law.  Unfortunately, I would think that your claim will be denied.  In NC if you are even 1% at fault, then you are barred from recovery.  One has to be completely negligent free in order to recover damages.  I can't say how any other adjuster would look at the liability, but in my opinion, just based on what you told me, it seems you have at least a small amount of negligence.  The questions that would need to be answered in order to convince me otherwise would be related to how quickly the other vehicle changed lanes and slammed on their brakes after passing you.  Had they been driving erratically prior to the incident?  Why would someone slam on their brakes for no reason?  Are you trying to say she did it on purpose?  

Also, keep in mind that unless the police witnessed the accident, then their opinion of liability is just that, an opinion (and they are wrong a lot).  In fact, unless the police actually saw the accident occur, then their statements about what happened are inadmissible in court as simply hearsay.

So, best case scenario, the other company pays the claim because the other party admits fault and you don't have to worry.  Worst case, your mom's vehicle is crashed and you have to pay for the repairs out of pocket.

If you admitted to fault and you were simply borrowing your mom's vehicle (meaning you don't drive it normally and don't live with her), then your personal policy would likely pay for your mom's damages.  This is a case that will be decided by the adjuster's involved, just pray you have experienced ones that will handle it properly.  If you want your mom's car fixed, then you are going to have to take the blame for rearending another vehicle.  What did the other driver say happened?

JP