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Auto Insurance Claims/Determination of Fault

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Expert: - 1/5/2010


Question
I am in Texas and had an accident last month  because of the icy roads. The weather here were cold and the roads were snowy and icy that day. I happened to lose control of my car because of an icy patch and my car tried to slide. Before i could gain control again, my car was hit by a truck. There were 3 other vehicles involved in the same accident. Now how will the insurance companies determine the fault? Is it my fault becuase I lost control first or is it the truck's since it hit me before i could gain control. I do not have collision coverage and my car has been more damaged than any other vehicles involved in that accident? Do i have any claim here, and if its my fault, how bad will it hurt my insurance rates?

I look forward for your reply.

Thanks in advance.

Sincerely,

Richard

Answer
I need more information to determine fault.  Where were all the cars and who had traffic controls?

During bad weather, liability is normally determined the same as in good weather.  The only exception is an "ice defense" which is very difficult to apply and can only be used if a reasonable person had no opportunity to avoid the accident.  When people are driving in poor weather they generally are aware of this, and they assume the risk.  However, if you were driving on what appeared to be safe roads and there was invisible black ice, this is where the defense would apply.

If you have not yet done so, make sure you reprot to your insurance company, as they need to defend you against liability claims from the other drivers.  if they determine you were at fault, they will probably surcharge your rates.  I can't say how much because that will depend on your driving record and the company's policy - none are the same.

Auto Insurance Claims

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Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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