How can the insurer charge me for being at-fault, when I was not placed on fault at- site? how can the at-fault status vary for the police and the insurer for the same accident?
Total Comments: 2
Posted: Fri Mar 08, 2013 01:31 pm Post Subject:
Police don't assign liability, they certainly don't assign liability on behalf of another party. That is, they have no standing to tell an insurance company how to address a loss. They can issue citations but they don't need to do this either. A person can run a stop sign but they police are not obligated to issue a citation. This does not mean the person did not run the stop sign (ie. being at fault).
Posted: Fri Mar 08, 2013 04:32 pm Post Subject:
While a police report might seem to indicate that a certain party was at-fault for a collision, this is not binding on any party's insurance company. Through its own investigation and analysis of a claim, the company might come to the conclusion that its insured was not at fault, or that there was sufficient comparative (or contributory) negligence to avoid the claim.
That does not prevent an injured party from suing the other party in court. There each side presents its evidence and the judge or jury decides the outcome. A person's insurance company would necessarily have to defend against the suit, and if the other party prevails, would have to pay the damages awarded by the court, up to the policy limits.
Posted: Fri Mar 08, 2013 01:31 pm Post Subject:
Police don't assign liability, they certainly don't assign liability on behalf of another party. That is, they have no standing to tell an insurance company how to address a loss. They can issue citations but they don't need to do this either. A person can run a stop sign but they police are not obligated to issue a citation. This does not mean the person did not run the stop sign (ie. being at fault).
Posted: Fri Mar 08, 2013 04:32 pm Post Subject:
While a police report might seem to indicate that a certain party was at-fault for a collision, this is not binding on any party's insurance company. Through its own investigation and analysis of a claim, the company might come to the conclusion that its insured was not at fault, or that there was sufficient comparative (or contributory) negligence to avoid the claim.
That does not prevent an injured party from suing the other party in court. There each side presents its evidence and the judge or jury decides the outcome. A person's insurance company would necessarily have to defend against the suit, and if the other party prevails, would have to pay the damages awarded by the court, up to the policy limits.
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