Auto Insurance Claims: car accident, slip road, speed and distance

Question
QUESTION: my son hit another car, he came round the roundabout and turned onto a slip road with a blind bend, as he came round the car in front had lost control and was spinning in the road, my son put on he's brakes but hit the passenger side door, what are the chances of us winning our claim please.

ANSWER: Hi Debbie,

In Most states, the driver of a vehicle is requird to maintain a safe speed and distance to always be able to react to what is going on in front of him. While your son may not have directly caused the accident, the other persons insurance company will likely argue that your son did not control his vehicle because he was either traveling too fast or was not at a safe distance. The will likely try to put at least some percentage of the blame on your son to reduce what they will have to pay by that percentage. You should simply argue that the actions of the other driver were such that no reasonable person would have been able to avoid the accident.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: my insurance company has decided not to fight and are going to pay out to the other driver, is there any thing else we can do.

Answer
Hi Debbie,

Unfortunately not. It is up to your insurance company to decide if thay will pay a claim or defend against it. It is possible based on the statements made by both drivers that they feel your son was at fault. It is also possible that they feel the amount of the damage they will pay out is not worth their time to fight over. As I said it is their choice how they want to handle it.

I hope this helps
Richard Hixenbaugh