Expert: Bennie719 - 5/23/2008

Question
I guess my question boils down to diligence by the ins co.  I was in an accident turning into a parking lot when a car that was parallel parked pulled forward into the side of my vehicle as I turned right in front of her into the entrance to the parking lot.  The accident occurred in the street, not the parking lot.  Both drivers are insured by the same company.  At this point the two stories differ laying blame on the other driver.  while I am certain that I was hit by her as she pulled out of her spot, there is no way for me to prove it...at least not yet.  The police report is still to be reviewed.  Neither drivers were cited.  Since the same insurance company covers each driver, will they try to determine fault or will they just call it no fault to collect both deductibles?  Also, with a 19 year safe driver record, how will a claim liek this affect my insurance rates?

Answer
Hi Richard,
Until proven otherwise, the insurance company is bound to accept the statement of each driver as being true and factual.
Since there were no independent witnesses, and the police didn't witness the accident, I seriously doubt that the police report will attempt to place the blame on one single party.  They will usually only commit to placing blame when they witness the accident or the circumstances are clear cut.
With no clear guidance, the insurance company will place each of you partially at fault for failure to drive with due caution, or inattention.

State laws and insurance company rules vary so much that only your personal insurance agent can give you an idea of how this accident will affect your rate.

I hope you find this information to be helpful.
Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area