Auto Insurance Claims/Who's At Fault?

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Expert: - 10/24/2010


Question
I helped a guy who was stuck on a hill off the roadway.  I backed up to his bumper he attached the chains and I began to pull him out and when he got free he continued backing up, without hitting his brakes and hit my bumper.  I was pulling forward with slack in the chain to give him room to stop but he never hit the brakes.  After he hit me, we were still in motion, I was in the process of pulling to the left, after he hit me he went down the side of my truck and hit the bed and cab.  I'm curious what an adjuster is going to say being that we were tied together.

Answer
This is a tough one and I could see different people having different opinions here.  There is a good chance the parties will not agree.  If this is the case, it will probably go to inter-company arbitration where each adjuster will make their case, andthe independent arbitrator will decide.

If I was the arbitrator, based on what you told me, I would say the other driver was more at fault.  However, I would also say that you "assumed the risk" which is a legal defense.  It means that you knew this was a risky operation and might lead to damage to your vehicle, so you have some negligence.  If this is the determination, the laws of your state would determine who pays what.  In some states, each would handle their own amages, and in other states, each would pay a percentage of damages.

Auto Insurance Claims

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Claims Guy

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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