Both insurance companies are denying liability

Posted: Sat Jan 18, 2014 05:57 am Post Subject:

Is there any way to pressure the other insurance company to take liability?

Posted: Tue Feb 11, 2014 10:32 pm Post Subject:

"What can I do (in Indiana) if both insurance companies are denying liability after an accident? No police report was filed and no fault was determined." Insurance companies determine liability not the police. The police didn't witness the accident actually occur they just report what was told to them from the drivers at the scene and give a opinion in the report of who they determine is At Fault but I have seen several claims where the officer has said my insured was At Fault and my company took the claim to ARB and my insured was found Not At Fault.

"My son slipped on ice and ended up spinning around and facing the opposite direction of the traffic flow when he finally stopped. He was on I-65, a four lane interstate. After he had come to a stop, another vehicle hit him on the driver's side rear quarter panel." What lane was you son in when he started to spin ? What lane did he come to a stop in? How fast was he going prior to spinning out? How soon after your son came to a stop did impact occur ? What lane was the other driver in before impact occurred ? Did the other driver make any evasive actions in an attempt to avoid your out of control car ? These are all questions that need to be asked and answered before a liability decision can be made.

" The police officer said that if he had to fill out a report, he would have to give the other driver (not my son) a ticket." Unfortunately this is hearsay and has no bearing on the matter and also just because someone gets a tiket doesnt make them At Fault for a accident also the State of Indiana is a Comparative Fault 51 percent Bar Rule under which a damaged party cannot recover if it is 51 percent or more at fault. However, the damaged party can recover if it is 50 percent or less at fault, but that recovery would be reduced by its degree of fault. The states which follow the 51 percent Bar Rule include Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming. meaning you have to prove that the other driver is more than 51% At Fault for the accident and based on the fact that you said your son spun out and lost control on a major highway i would say you might have a hard time proving your son was less than 51% At Fault considering he spun out but like Tcope said you can file suit but be careful that is a double edge sword