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Auto Insurance Claims/auto accident private property

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Expert: - 11/14/2010


Question
Son had backed out of parking space, was completely out of space and was backed into by another driver. Driver #2 said both were at fault, offered to pay 1/2 and left. Son called sheriff, report was filed. Deputy found son was not at fault. Could not site driver#2 because of it being on private property.  Filed claim with #2 driver. They claimed that witness statement (we provided, 16 year old girl)said both cars were moving at same time,(don't deny that but son was moving first) and are only paying 1/2. My ins. company investigated finding son not at fault, not paying #2 small claim.  They would pay for claim and fight #2 ins.co. but we only carry liability on that car. What is your take on this. Doesn't Sheriff report count? Could this stand up in small claims court? if so do I take driver #2 or his Ins.Co.

Answer
The sherrif's report is not significant because he did not witness the accident.  He can only report what your son told him.

If both cars were moving at the time of the accident, this is significant and normally this would indicate that both drivers were at fault.  However, if your son started moving well before the other driver and had no real opportunity to avoid the impact due to location of the cars, you might have a chance at winning.  But not a very good chance.

If you choose to fight this, your option is to sue the other driver in small claims court.  The other insurer will be required to assign an attorney to defend the other driver.  You do not need a lawyer.  There is some risk they could file a counterclaim against you.  They also may decide to just pay your claim in full to avoid the legal costs.

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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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