This was during heavy snow. My car slid sideways 90 degrees and came to a stop. Driver behind me didn't stop and totalled my car. He was in a big pickup and has no insurance. I was in a tiny two-seater and have uninsured motorist coverage. I got a police report which shows we were both in the same lane the whole time, and his "following too close" and a citiation for no insurance are there. In my taped deposition I mistakedly commented that I ended up in the right hand lane when I exited my car after the wreck. My insurance company is using my comment to assign me 60% liability because "I slid INTO HIS lane and he hit me". This is not what I remember and not what the police report drawing depicts. The accident report does mention that I "lost control due to speed" but still I think it's irrelevant. I came to a slow, sliding stop and was rear ended and TOTALLED indicating not only following too close but excessive speed by the other guy. Other guy never gave a deposition. Refused.
2007-03-28 05:32:10 · 10 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
It's called comparative negligence. You are what's called the proximate cause of the accident for failing to maintain proper control of your vehicle which you are duty bound to control at all times regardless of weather or any other factors. The other driver contributed to the accident by following too closely & failing to maintain control of their vehicle as well. Doesn't matter what the cop says, the only thing that matters is what YOU said. The cop did his/her investigation and the insurance company is required to do their own investigation.
2007-03-31 17:27:04 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
I would call the adjuster and ask them to correct the information. Insurance adjusters do their own investigating and you can be held partially at fault in an accident. If you lost control of your vehicle due to speed, then yes, you do have some portion of fault in the accident. The police don't decide who is at fault in accidents in regards to insurance, the insurance adjusters do and they are the ones to determine the percentage of fault in an accident. Whether it was a mistake or not, you told the adjuster that you slid into the other lane. That's why they are finding you with the majority of fault in the accident.
It's not true in Illinois that if someone does not have insurance, then the accident is their fault. It's not right to be driving without insurance, but that doesn't mean they automatically have the majority of fault in an accident.
I had a client just the other day who was very upset that the adjuster ruled that she was at fault in the accident where the other driver was intoxicated. Yes, the other driver was intoxicated and shouldn't have been driving, but she turned left right in front of him. She has the majority of the fault in the accident.
The other party doesnt have insurance anyway, so you're going to have to use your policy if you want your car fixed or replaced.
2007-03-28 07:50:53 · answer #2 · answered by Jessica S 3 · 1⤊ 1⤋
Police do not determine liability for the insurance company. Your insurance company seems to have decided already.. i mean, sure you can bug them more to change it.. but it does appear you are partially at fault (atleast according to everything they know and their evidence.. obviously no one was there besides you two) So its probably not worth wasting your breath. People will suggest you get an attorney. Be very careful who you listen to. You will likely end up owing money.
2007-03-28 10:55:18 · answer #3 · answered by la428282 6 · 0⤊ 0⤋
I know in the state of Illinois- If you do not have insurance and are involved in a accident- The person with out insurance is automatically at fault. Second- if he got a ticket and you didnt, theres the proof whose fault it was.
The best advise I can give you is seek legal advise. I know its comforting to get opinions on here but you need to speak to someone that knows the laws where you are at. I believe you can beat this with out a problem but its gonna take a fight.
Good luck honey!
2007-03-28 05:54:25 · answer #4 · answered by stayc 4 · 0⤊ 1⤋
Tell them you are sorry you said something in error like that, but the police report is correct, and that you are giving them ___ days to get real, or the next call they receive about your claim will be from an attorney. Then talk to one, because I have feeling only an attorney can resolve it for you at this point. Insurance companies are awful stingy considering how much we pay them every month.
2007-03-28 05:42:39 · answer #5 · answered by Anonymous · 2⤊ 2⤋
Per my experience Snow related accidents are weather related with no individual to blame!! His refusal to give a statement is automatically putting blame onto him. My suggestion would be to hire an attorney and fight this and when it is all over I would definitely find a different insurance company!!! Good Luck!
2007-03-28 05:39:22 · answer #6 · answered by Anonymous · 2⤊ 2⤋
I would call your insurance agent and make it CLEAR to them that you were both going the same direction. It sounds as though that's what the confusion is.
You should not be held responsible for any of it.
2007-03-28 05:37:21 · answer #7 · answered by Meg M 5 · 0⤊ 1⤋
I suggest you ask to have another adjuster look at the evidence. FIle an appeal immedicately.
2007-03-28 05:41:54 · answer #8 · answered by professorc 7 · 0⤊ 0⤋
This doesn't help whatsoever...but I would venture to guess had there been someone in front of you as well, that person would have been rearended.
2007-03-28 05:40:46 · answer #9 · answered by Sunidaze 7 · 0⤊ 1⤋
the other guy was smart
2007-03-28 15:22:21 · answer #10 · answered by fat_keebler_elf 3 · 0⤊ 0⤋