Who is at fault, and who should pay

by Guest » Thu Sep 29, 2011 06:35 am
Guest

I was on inside lane of 2 lane (each direction) road, traveling at a speed of 30 mph in the 30mph zone. It was afternoon and raining.
The other oncoming car suddenly veers out from his lane of traffic, crossing the double yellow lines and into my lane, when he was approximately 50 feet in front of me. He was making a U-turn from his lane because traffic in his lane was stalled.
To avoid a collision with his vehicle, I took evasive action and steered to my right but hit the curb and sustained some damage to my vehicle.
I called the police but the other party did not want to wait for the police to arrive, gave me his personal info and left.
His insurance company still has not accepted liability. I am using my collision coverage but I have a $1,000. Deductible and out of pockets for a rental.
What do I do? I will appreciate any comments and thank you in advance.

Total Comments: 3

Posted: Fri Sep 30, 2011 07:35 am Post Subject:

Call up the other driver’s insurance company to find out whether or not they’ll be sending an adjuster to check on your vehicle in order to determine the damage.

It may take some time for the insurance company to take decision in these cases, as it would obviously try to protect its own interest.

If the other driver really caused the damage then his insurance should cover the loss. You may seek the help of your insurance company and they might be able to handle it better.

Posted: Fri Sep 30, 2011 01:08 pm Post Subject:

The question is... why have they not accepted liability (completed their investigation) at this time. Perhaps they have not been able to speak to their insured yet. If so... that's reasonable.

How can the other insurance company know if their driver really was the cause of your loss if they have not been able to speak to him/her? So far, they just have your version of the loss.

Your right... it sucks. But it is what it is. In a perfect world the other person would have called his insurance company and reported what happened that day or the next. In some cases if people don't have coverage to address their own damage they just can't be bothered to speak to their own carrier for 5 minutes. I'm not saying that is going to happen here but it does happen.

Posted: Fri Sep 30, 2011 08:05 pm Post Subject:

Getting the other insurance company to admit liability will be tricky, since the other car made no contact with your car.

It may turn into a "he said, she said" situation, and who knows how the other driver will describe events.

It would be great if you have disinterested witnesses to the accident.

Since you are collecting under Collision, your auto insurance will go after the responsible party, but proving liability will be difficult. It may take a while, but if your auto insurance company is successful in getting their money from the other insurance company, you will get your deductible, or a percentage of it, paid back to you.

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