Auto Insurance Claims/At Fault Dispute

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Expert: - 2/17/2009


Question
A person I know was T-boned in a traffic light controlled intersection.  Both drivers claim they had the right-of-way. There was a witness to the accident, but did not see the light to determine who was at fault.  I saw the police report and it does not list the at fault driver.  The person I know did get injured (a broken collar bone, cuts, and a lot of bruising.    

How does the insurance process work in these cases?  Is pursuing a lawsuit against the other driver worth the trouble?

Answer
Hi Jeff,

In order to win in court, your friend will have to be able to prove he was not at fault. Based on your statements, it does not sound like he can do so. This is a he said, she said situation.

The insurance companies involved will likely determine liability to be 50/50. This means each will be paid half of their damages and injuries by the other.

I hope this helps
Richard Hixenbaugh

Auto Insurance Claims

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Richard Hixenbaugh

Expertise

Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience

I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Organizations
Society of Certified Auto Appraisers

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present Clients
My company has done work for consumers nationwide.

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