by Tazm0m16 » Tue Apr 20, 2010 08:34 pm
My daughter was going to work as she passed through a intersection with a traffic light.She collided with another vehicle.The driver of the other car stated to police,that she went through the red light.This is written on the accident report.also on the report was my daughter was on a hand held cell phone.This happened in Philadelphia Pa.Nobody told anything to the police officer about any usage of a cell phone.We will check her phone bill to see if this matter is valid.Also in Phila.Pa it is illegal to drive with this device.The claims adjuster denied this claim.
Posted: Tue Apr 20, 2010 08:43 pm Post Subject:
Denied the claim based on liability? She you say "she went through the red light", I'm assuming you mean the other person and not your daughter (both are "shes").
I would find it extremely difficult to believe that an adjuster would deny liability against their own insured for running a red light because your daughter was on the phone. Being on the phone had _nothing_ to do with the accident. That is, if your daughter was not on her phone, what would have changed? The other person would still run the red light and hit your daughter. Did the adjuster explain the reasoning behind the denial? In PA the adjuster could only deny paying if your daughter was 51% at fault or more in the accident. Being on the phone should account for 0% liability... let alone more then 50%.
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