Expert: Bennie719 - 10/25/2007

Question
Hi Bennie,

Last week, my girlfriend was driving on the interstate (I-95 in Miami) with the traffic flow about 50 mph. Another driver entering the highway lost control of his car and spun 360 degrees while skidding accross 3 lanes of traffic before finally stopping in the lane where my girlfriend was travelling. She was not able to stop in time and her car collided with his car's rear, right corner. The other driver was issued a citation, my girlfriend was not.

The police report has not yet been released, but his insurance adjuster informed my girlfriend that they will not accept liability because she rear-ended him.

Is this the end of it? How is fault determined in a case like this? Does she have a chance at a more favorable, more fair outcome.

Answer
Hi Miguel,
The police report will firmly establish that your girlfriend does not bear any fault.
If she carries full coverage insurance on her vehicle, I suggest that she have her own company repair the car (less her deductible) which will be returned when they collect and then let them do all the work in collecting against the other party.  It's already clear that they are going to try to play 'hardball' since they have denied coverage even before a police report is available.Even if she doesn't carry collision, she needs to file a report with her insurance company so they can file proof of insurance with the state of Florida.  They will also then be prepared if the other drivers company tries to file a claim against your girlfriend.
The statements contained in the police report and any witness statements will be your basis for seeking full recovery against the other driver.  If you need my help after you get a copy of the police report, please write again.
I trust this has been of help.
Your feedback for my answer will be greatly appreciated.
Sincerely, Bennie
San Francisco Bay Area 10-25-07 1:12 AM PST