Why am I at fault according to insurance?

by amylabrasca » Sun Jan 25, 2009 02:23 pm

I was recently found at fault by an insurance arbitraitor for a serious auto accident. The other driver was changing his tire in the middle of the passing lane of a major highway. I was traveling behind another driver and when he switched lanes, I had only seconds to react. The parked driver was charged with being parked illegally and the police were also considering charging him with more pending the outcome of my hospital stay. I was 6 months pregnant at the time. I was not charged with anything. My insurance says they found in favor of him because he claims to have had his hazzards on and because I hit him. It was a bright, sunny day and he didn't use flares. The police said there were other skid marks where other cars had to slam on brakes to avoid hitting him. Now, he is, of course, sueing me. I am outraged. This persons stupidity and illegal act almost killed me and my unborn son and he's going to profit. My question is how can this happen? Why do insurance companies seem to always find in favor of the person who gets hit no matter what the circumstance? Do I have any recourse? My insurance agreed to no appeal and the statute of limitations is up.

Total Comments: 15

Posted: Fri Jan 30, 2009 11:03 am Post Subject:

How about speeding up on the right hand side of a tractor trailer and then cutting in front of them and stopping. How does that work for ya.

If I had a nickle for every driver that was stupid that complained 'it's not my fault they stopped fast' or my personal favorite, 'i didn't know the snow would be slick it wasn't my fault' (actually had a guy tell me that once :roll: )

Posted: Fri Jan 30, 2009 09:44 pm Post Subject:

My favorite was a guy told me that it was not his responsibility to look other then directly in front of him when driving. Never mind there are people on sidewalks, cars pulling out of driveways or emergency vehicles behind them. :?:

Posted: Sat Jan 31, 2009 11:25 am Post Subject:

it was not his responsibility to look other then directly in front of him when driving

THAT one is classic! :roll: :wink: hard to keep a straight face when people say things like that!

Posted: Sun Feb 01, 2009 04:43 am Post Subject:

Lori,

When I adjusted, I always wanted a claimant to get was fair and what was owed to them. But this guy I wanted to find a way to deny liability or short him some way. But the carrier accepted liability and paid the guy, I was steamed. Good thing was he got an attorney and had chiro visits. With the settlement, 3K, the attorney took 1K, the chiro took 1500 and the claimant was left with 500. It at least brightened by day. :lol:

Posted: Sun Feb 01, 2009 12:13 pm Post Subject:

We can't help being human some times...I know what you mean few and far between but oh how we wish some times we had the ' power' to deny someone for just being a jerk...or say what is REALLY on our minds....

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