Expert: Richard Hixenbaugh - 1/2/2011

Question
My husband and I have been with the same insurance company for over 15 years. We have 2 children ages 16 and 18, they are also on our insurance policy. My daughter (18) was recently in an accident - her first since beginning to drive at age 14.

First, I have a question about determining fault. My daughter was at a stoplight that has both a green arrow and a green solid light. She was facing south attempting to enter a parking lot to her left - she had the solid green light.  A truck heading north hit her front right with the front right of his truck. She was determined at fault for failure to yield. The police did not issue her a ticket - which was very nice of them.  However, they did nothing to determine the other drivers' speed, or whether his headlights were on #it was dark at the time of the accident#.

I understand that in normal circumstances the insurance companies would battle this out. However, the following day when we contacted our insurance company, we were informed that our policy had been cancelled. #we did not receive a letter or phone call warning us of this# The only thing we can figure is that we misplaced or didn't mail the bill.

So, here is the question. What should we do now?  We are totally devastated - we are very responsible people. What are our best options so this doesn't ruin our lives?

Answer
Hi Kim,

This is a very unfortunate incident.

There is not much you can do. There is no grace period on auto insurance. The other vehicle will likely have their repairs taken care of by their own insurance company. That company will then contact you (your daughter) for reimbursement. She can make payment arrangements with them or they will file suit and get a judgement against her.

Of course, you will be paying for the repairs of your own vehicle yourself.

As far as fault is concerned, when you make a left across traffic and get hit, it will always be considered your fault.

I hope this helps
Richard Hixenbaugh