Expert: Anne - 12/8/2008

Question
Yesterday I was going through a tricky intersection and I t-boned two gentlemen as I engaged into the intersection.  I agree that I did not wait for the intersection to be clear before engaging, but I did not see the truck!  I had a stop sign and they didn't.  After I t-boned them they went on to hit a pole and the driver was hurt.  The two gentlemen did not speak English and neither have a valid drivers license.  They were also traveling very very fast in a 45mph zone.  Will my insurance company fight covering this claim since they do not have drivers licenses?  I feel they should have some responsibility for traveling so fast and for not legally driving period?

Answer
Hello, it’s my fault (I like the name, by the way .


Will my insurance company fight covering this claim since they do not have driver’s licenses?

Yes, they will cover your claim as long as you have liability coverage (bare bones coverage in any auto insurance policy), up to your limit of liability. If your limit is $50,000, that is the maximum amount your insurance company will pay, regardless if it is property damages, injuries, and/or pain and suffering. You could be liable for quite some injuries. Visit:

http://www.auto-insurance-claim-advice.com/bodily-injury-claim.html for more information and what can be claim against you. You should know so you are “on top” your adjuster and they get a Release of any and All Claims Against you.

Remember, you have liability coverage. Your insurance company is covering YOU (because you might be liable to others). Their situation about not having driver licenses will not affect you as long as you paid for liability insurance.

I feel they should have some responsibility for traveling so fast and for not legally driving period?

They can be liable for driving over the speed limit. See: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html for more information on how fault should be apportioned.

However, remember that accidents are not about what actually occurred but about what you or your insurance company can prove. It is an evidence battle. If you have a witness or someway to prove the actual speed (a cop radar gun at the scene) OR the damages in your vehicle are so excessive that could only lead to one conclusion (they were going over the 45 MPH), you could try to tag them with some negligence. However, without police gun or witness, you would have a difficult battle, especially when you T-boned them, when you did not see them, and had a stop sign.

The best thing to do is consult with an attorney to see how you should proceed. Also talk to your own insurance company, they should guide you.

Good Luck,
Anne.