Expert: Bennie719 - 4/4/2008

Question
QUESTION: If the fault cannot be determined regardless of the police or both parties insurance because both parties provided a different version of the accident, neither there is a witness, what will the insurance do, which has received its client’s claim? What results will be, 50/50, go to court for the decision or what else?


ANSWER: Hi Janeice,
When there are no witnesses and each party gives a different version of the accident, the insurance companies will usually settle such a loss on a 50/50 or 60/40 basis, depending on the physical evidence.
The insurance companies will not go to court for a decision, but settle the case between themselves.
I hope this information fully answers your question.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie

---------- FOLLOW-UP ----------

QUESTION: Who will eventually determine the fault 50/50 if both drivers gave the different version of the accident? Will it be both parties insurance? If so, what can the client do if he does not agree with the determination? In addition, can one party demand for Ded. such as $500 reimbursement from the opposing insurance if the fault is determined 50/50 or his own insurance will help him to get it back from the opposing insurance? Can you explain it?

Answer
******************** FOLLOW UP ****************************

Hello Janice,
All the volunteers at this site work without any financial remuneration.  We spend our time trying to assist people like you who have questions.  We are not always able to give you the answer that you desire to hear, but we do answer the question based on the legal wording of the insurance policy and the practices of the insurance companies.
I have continued to answer your questions despite the slap in the face of a "7" rating and the fact that you failed to rate my last answer.

You did not provide all the information in your first question, but have added it bits and pieces at a time and then give me a "7"rating when I don't even have all the information.

I think you have finally provided all the pertinent information and I will give you one final answer with the hope that you are a strong enough person to fairly rate my answer this time.

Since there were no witnesses, no police report and no additional physical evidence, it is normal that each company accept their insureds statement as being truthful.

In cases such as this, it is standard that the insurance companies agree to handle the claim on a 50/50 basis.  This means that each party pays their deductible and their own insurance company pays the remainder of the first 50%.  Each party then collects 50% from the opposing insurance company.

If you disagree with this settlement, you could always file small claims action, but without any evidence other than your statement vs the statement of the other party, the odds are zero that the court would issue a different ruling.

Based on the number of questions that you have ask and the time that I have spent answering them, I truly feel that I deserve a rating of 10-10-10-10-Y.

I await your response.

Sincerely,
Bennie