Other driver made an illegal U-turn and was ticketed. The other company claims he may not be 100% liable and want a recorded statement from my daughter. They will not let me rent a car until they have talked to her. Why is the police report & witness statements not enough? I am worried they are going to try to get out of it because of her age. The other dirver also has contaced my insurance company for a claim. Why would he do that if he admitted fault to us? We have an appoinment with lawyer next week but what should I expect?
2007-07-01 01:09:14 · 7 answers · asked by victoria b 1 in Cars & Transportation ➔ Insurance & Registration
Expect his insurance company to worm out of a claim. Do not talk to the insurance company or let your daughter talk to them without the lawyer present. refer any phone calls to your lawyer. The insurance company will try and get your daughter to admit fault or at least partial fault, irregardless of the police report. good luck.
2007-07-01 01:15:46 · answer #1 · answered by Fordman 7 · 1⤊ 0⤋
You'd think it would be that easy huh? Wrong. Each insurance company is required by law to conduct their own investigation seperate from the cops. Police reports are not evidence UNLESS the cop witnessed the accident first hand. They will be asking her questions specific to speed, time, distance. Just b/c someone made an unsafe turning movement in front of your daughter doesn't mean they are 100% at fault. VERY VERY rarely is an accident 100% 1 person's fault. The laws recognize ALL drivers maintain a duty to be attentive and take reasonable prudent measures to avoid a collision. The insurance company, following the law, is trying to determine if your daughter did in any way contribute to the accident. You weren't there, you don't know what she was or wasn't doing. She probably fulfilled each and every duty owed as a driver, but no one knows this until they talk to her. What's the big deal...have her give them a statement. And they're right....they won't set up services for you until their investigation is completed.
2007-07-01 08:50:24 · answer #2 · answered by bundysmom 6 · 0⤊ 0⤋
My best guess is that they are trying to prove that your daughter could have avoided the collision. (I don't know that she could have) Just the other day, 2 cars made a u-turn right in front of me, they didn't even look to see I was behind them - but I managed to not hit them.
Your daughter is an inexperienced driver and her age and lack of experience is what they are going to try to use against her. It's common for an insurance company to take statements from both parties. Unless your daughter can prove to them the collision was unavoidable, they are going to assign a portion of the liability to her.
Good luck with this, sorry for your troubles.
2007-07-01 02:39:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
possibly i neglected something yet, a police document would desire to of been generated on the time of the incident, until eventually you didnt have police on the scene. If there became no police on the scene and additionally you only traded assurance playing cards and names then your surprisingly screwed. If there's a police document from the time of the coincidence (if police the place there , there would desire to be one) then positioned up the declare on your assurance alongside with the police document and that they are going to take it from there with the aid of contacting his assurance corporation and forwarding the police document. Now you stated it became your individual fault. then isnt it a sturdy factor he hasnt stated it? your assurance costs wont climb, and the value of the maintenance (until eventually the motor vehicle is undrivable) is probable much less then the over all enhance in assurance. save those photographs nevertheless, incase you be certain to do not something and he makes a decision to do noting until eventually an afternoon beforehand he can longer document ( 5 years i think of yet unsure) this form he cant upload greater injury in with the aid of announcing it became brought about in the coincidence. sturdy luck.
2016-10-03 08:17:42 · answer #4 · answered by ? 4 · 0⤊ 0⤋
im not an attoreny, but it sounds like the other insurance company is going to put up a fight. i'd contact your insurance company and see what they reccomend, they'll want your intrest protected for their own sake, don't let them talk to your daughter without you there, i'm sure they have some pretty good bullies working for them. and tell your daughter to stay calm and be honest. everything will work out okay. good luck!
2007-07-01 01:16:34 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Any questions or actions will be based on your daughters story of the accident so its very important that she tells the truth and has broken no law ~~
2007-07-01 01:18:38 · answer #6 · answered by burning brightly 7 · 0⤊ 0⤋
If they ask her any questions it will be ones like what direction were you going and where was the other car going but they will all be stupid questions that the police report already explains.
2007-07-01 03:30:23 · answer #7 · answered by rpo 2 · 0⤊ 0⤋