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Question
I have only liability. My daughter was driving and stopped first at a way stop. other driver admitted he was at fault he was talking to his son and did not have his eyes on the road.This is on the police report and he was ticketed. Now he claims he was at the stop sign first. They are saying my daughter was 50% at fault. How could some one state there eyes were off the road and they are not 100% at fault? My auto is totaled
It appears he has changed his story. This is unfortunately not unusual. Your daughter should go to court when his traffic case comes up and testify to make sure he is convicted. If he is convicted, you will have a much stronger case. Also, if he admitted fault to the officer, this is a statement against interest and is admissable. You should call the officer and ask him/her to call the other driver's insurance company if this is the case. Do you have any independent witnesses? or any other evidence. Call the insurer and provide whatever evidence you have. If they deny the claim, you can file a complaint with the state insurance department, but they have no power if the insurer has a basis for their denial. Your other option is to file a lawsuit in small claims court, which is very informal and yu do not need a lawyer for. You would need to sue the other driver, as opposed to his insurer. The insurer will defend him in court, and they may choose to settle your claim rather than incur legal fees.
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Answers by Expert:
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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