Expert: Anne - 3/7/2009

Question
Hello. I was on a main back road, down the street from my work, when a lady backed out of her driveway and hit me. The cops did not site her because our stories where not the same. She claimed she was already in the road and I came and hit her as she was trying to extend forward. We both had the same insurance and I did not have full coverage.
Because the cop did not site her my car could not get fixed because I didn't have full car insurance. Our adjusters for our insurance company were left to figure out who caused the accident. My adjuster decided I was not at fault. As well as her adjuster decided she was not at fault.
My adjuster felt once they deemed me not at fault, they did not have a financial reason to go after the other adjuster because I did not have full coverage and they would not benefit from it.

I want to go to court to fight this. My question is who do I take to court to fight this and try to get the Judge to see the other person was at fault? The cop who didn't site her or the other adjuster who claims her client is not at fault?

Answer
Something does not add up here. You have liability coverage, which means that they must protect you against her claim (your liability to her). It is true that they do not have to after her for your damages, however, if they say that she is not at fault (she does not owe you), then that is implying that you were at fault. Do you follow me?

If she is not at fault (they will not pay for your damages), then they are saying that you are at fault. Someone is at fault for this accident as this is not an act of God or a comprehensive claim.

They must make a determination and what usually happens is that insurance company goes to arbitration. In case of a dual claim like yours (both drivers have the same insurance company, you will have to go to intercompany arbitration).

Please see: http://www.auto-insurance-claim-advice.com/arbitration.html

for more information about arbitration.

In any event, your insurance company will not go after her, she will have to come after you (if she has full coverage). If she does not. You will have to take it to small claims court (which you can do anyway).

Please see: http://www.auto-insurance-claim-advice.com/small-claims-court.html

For more information about small claims court.

You will take her to court, not the insurance company. If you win, the insurance company will be bound by the judgment.

Good Luck
Anne
http://www.auto-insurance-claim-advice.com/