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Insurance Law/Faulty evasive action

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Question
My daughter was involved in a car accident where car 2 swerved into her lane and to avoid being hit, she hit the curb and in turn hit a light pole.  The woman stated she did not swerve, however, on the accident report, two witness stated she did.  The police report stated contributing factors on car 2 as inappropriate lane change and inattention, on our driver possible contributing factors are faulty evasive action.  After waiting two weeks, the other car's driver denied our claim due to the faulty evasive action.  Our daughter's car is totaled.  Is our only recourse to file suit.  How does faulty evasive action affect outcome in the state of Texas?

Answer
Nikki,

Sorry to hear about your daughter's problem.

The problem is in the wording used by the police officer and his use of the "faulty evasive action" term. If he wasn't at the scene and observed the accident, he is making a legal determination without foundation. I would request a revision of the report to remove that language.

The basic fact of the matter is that if your daughter had not swerved, there would be TWO cars with damage, instead of just one. The proximate cause of the accident was the improper lane-change.

If you have comprehensive insurance on your car, file a claim on that policy and your insurance company will take over the subrogation against the other driver after they pay for your car. They are also required to try to recover your deductible as well.

If you don't have full coverage, your only recourse is to file suit. You may want to consider small claims court if the amount is less than $10,000.

Hope this helps.

Kevin Hromas
JD, EGA, RPA, PLCS, HCRI-R/C, CPIU, WINDŽ Umpire
Kevin Hromas & Associates
... A Division of US Insurance Information LLC
www.KevinHromas.com

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Kevin Hromas

Expertise

I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies.

Experience

After a 20 year career as a General Contractor, I was employed by Allstate Insurance as an adjuster in Texas, holding various postitions within the property claims department. After leaving Allstate, I specialized in handling losses associated with major catastrophes through-out the country. (Hurricanes Isabel, Charlie, Wilma, Katrina, Ike, etc., hail storms, floods.) I am currently retained as an expert by multiple insurance defense firms in Texas for issues in litigation. I am also a certified Umpire for formal appraisals.

Organizations
Member - Society of Registered Professional Adjusters Fellow - Council on Litigation Management Member - Property and Casualty Association Member - Texas Independent Insurances Adjusters Association Member - National Association of independent Insurance Adjusters Member - Houston Claims Association

Publications
Claims Magazine (www.ClaimsMag.com and then search 'Kevin Hromas' for a full listing of articles and quotes.) www.ClaimsPages.com, www.ProAdjuster.org, www.KevinHromas.com

Education/Credentials
JD - University of Houston Law Center - 1992 BA - Southwest Texas State University - 1980 AA - South Plains College - 1977 PLCS - Personal Lines Coverage Specialist

Past/Present Clients
Certain Underwriters at Lloyd's, London, Fulbright & Jaworski (Law Firm), Bracket & Ellis (Law Firm) Thamm & O'Briant (Law Firm) Sheehy, Ware & Pappas (Law Firm) Walker, Wilcox and Matousek (Law Firm) Financial Guarantee Underwriters

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