Expert: Richard Hixenbaugh - 7/16/2009

Question
Can you explain the procedure or process of the determination of the fault or liability between two insurance companies if no accident report or an officer is unable to determine the fault but two drivers statements are different? Thank you for your answer.  

Answer
Hi Ack,

The insurance adjusters at each insurance company will take a recorded statement from each driver. They are trained to ask detailed questions that should determine the truth. then the adjusters will make a liability decision. If the two adjusters reach different liability decisions, then they may go through a negotiation process. Then if no agreement can be reached the claim may be sent to arbitration where an independent panel looks at the evidence and the driver statements and make an ultimate decision. If a decision is not reached by the initial adjusters, the arbitration process could could take several months.

I hope this helps
Richard Hixenbaugh