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Expert: - 2/23/2009


Question
I was driving on a regular road with a bike lane and 1 lane going in each direction.  I crossed over the bike lane to get into the unmarked curb lane in anticipation of an immediate right hand turn when someone cut through my lane of traffic and hit me.  His insurance adjuster claims it was my fault just because I passed over the bike lane.  I have laws on paper that states otherwise.  Do you have an answer/opinion?

Answer
Hi Andrew,

I do not know if you are in a no fault state, all those issues are way too much to keep up with. It sounds interesting that a mere adjuster makes such a determination, but remember, they will not accept blame if they don't have to.

If you have insurance, call your company and explain your side. It's their job to defend you.
Were any citations issued?

Where you may have a problem will be if you don't have insurance. However, if you can site statutes or case law, to recover your damages if you can prove you were not at fault, you can try small claims court.  

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Rob Painter, Ase, CFEI, CAFATE

Expertise

Please remember. I am not an attorney and cannot legal advice. My answers are based on my experience due to litigation I have been involved in as an expert, for both insurance companies and while oposing them opposing them. I deal with only comprehensive claims on autos related to fire and theft. I have even had the opportunity to rewrite policy coverage language as it relates to vehicle theft and forced entry for insurance defense attorneys.

Experience

Experience in the area: Working with insurance companies and attorneys on these issues for over 20 years. It is very common to have a reported stolen car with a so-called factory anti-theft system to have the theft claim denied. I have served successfully as an expert witness in the courts across the US representing the insured and their attorney revealing that the insurance expert did not take all known theories into consideration before rendering their "Forensic" conclusion. Many insurance carriers us independent "Forensic" experts to examine reported stolen vehicles commonly using flawed methodology implicating the innocent insured with the theft. My job is to determine if the insurance expert reached his conclusions based on accepted scientific principals or just net opinion with no basis other than opinion. My case record against such experts is very compelling.My resume can be seen at the catagory "Auto Theft and Prevention." In "Forensics" the scientific method must be employed. In the forensic locksmith field determining how a reported stolen vehicle was last operated, many processes cannot be duplicated and are conveniently not addressed. If they were, juries would have the opportunity to make a fair and impartial opinion at least about what the expert could or could not prove. There is a purported process determining the last key used. The chances of determining such is very rare uless the key is found in the ignition lock. Experts commonly destroy evidence as well and are rarely questioned on this event. I reveal the weakness in their testimony on such instances.

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