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 Posted: Mon Aug 15, 2011 9:40 pm Post subject: Acceptance of liability |
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My son was in an accident with my wifes car. The other driver was cited for improper lane change and was obviously at fault. How long does their insurance company have to accept liability. They say they can't provide a rental until liability is determined. How could they dispute the police report? Its been four days.
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mark hammer
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| Posted: Tue Aug 16, 2011 12:54 am Post subject: |
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Do they have the police report?
Even if they have it, they still owe a duty to their insured to confirm the facts of the loss. Did the police officer witness the lane change?I've seen police reports be incorrect. If there is enough information to show that this is the case then they could dispute the info on the police report. This almost never happens, thought... but the duty is the same.
I'll give you an example... the police report states a witness told the offer that my insured pulled into the intersection. The other vehicle swerved and hit a curb. My driver was cited. Sounds pretty clear? My driver states that a person was honking for him to move forward (also confirmed by the witness). My driver said that he pulled forward a foot and stopped. Now, the office did not write down any contact info for the witness. So I have no way to confirm what she said. She said my driver pulled into the intersection. This could be that 1'. The other driver then over-reacted and swerved. My driver said the officer asked if he crossed the white line. He said yes. So the officer gave him a citation related to entering the intersection. I denied the claim based on what my driver said (be it a lie or the truth). I can't confirm what the witness said. But there could very well be some negligence on the other driver for over-reacting. In this case the witnesses info could not be entered into evidence. An officer is usually only going to state that what he/she wrote in the report is correct. Minus the witnesses statement, this is really nothing.
Kind of long but I'm going an example of why adjuster at least need to confirm the facts of the loss with their insured. Their insured is paying the bills. If you were in an accident would you want your carrier to ask you what happened or just accept liability and pay the claim without talking to you?
Now if their insured does not respond they will probably pay the claim. As then no one can complain as they gave their insured a chance.
Another example... a prior employee where I worked once told a Dept of Ins person that he seldom speaks to his driver as they usually lie. Now, he was telling the truth but you don't tell this to the DOI! the DOI person brought this to the owner of the insurance company and they let that adjuster go pretty quick. |
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tcope
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| Posted: Tue Aug 16, 2011 9:35 am Post subject: |
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Thanks. I see your point. The police report says the other driver admitted responsibility.
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mark hammer
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| Posted: Wed Aug 17, 2011 9:23 pm Post subject: |
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| Quote: | | The police report says the other driver admitted responsibility. |
Still doesn't mean the insurance company will accept responsibility. The other driver could change their mind/statement to their insurance company.
You're only 5 days into this thing. It should be determined within another day or two. Keep calling the insurance claims department and bother them enough to make a decision.
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MaxHerr
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