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darrindossey · Apr 20, 2011, 01:27 PM

My daughter was in a vehicle accident with expired insurance. At a four way stop intersection she took her turn to cross, Another vehicle blindly entered the intersection and hit my daughter in the passenger side of the vehicle. Now the other drivers insurance company is saying my daughter is at fault and charging her with the expenses of the vehicle of the other driver. Police Report says the other driver is at fault and no citations were issued. It appears to me that the other insurance company has determined that my daughter did not have insurance and is putting her at fault. Is this the law or is the insurance company trying to get away with something.

AK lawyer · Apr 20, 2011, 02:31 PM

Originally Posted by darrindossey

... It appears to me that the other insurance company has determined that my daughter did not have insurance and is putting her at fault. Is this the law or is the insurance company trying to get away with something.

No, she is not automatically deemed at fault for the accident simply because she didn't have insurance. She can be fined for driving without insurance, but liability for the accident is determined according to normal principles of fault.

You should seek reimbursement from the other driver's insurance carrier. If they fail to pay, a small claims action against the other driver may be necessary.

Fr_Chuck · Apr 20, 2011, 07:41 PM

Most insurance companies on auto accidents deny payment and claim the other person was really at fault all the time,

In most cases you allow your insurance fight with the other insurance.

In this case, you sue the person who hit you for your damages and prove your case in court.

Not having insurance has no bearing on fought

AK lawyer · Apr 21, 2011, 08:57 AM

Originally Posted by Fr_Chuck

... Not having insurance has no bearing on faught

Or on fault either.

excon · Apr 21, 2011, 09:10 AM

Originally Posted by darrindossey

Is this the law or is the insurance company trying to get away with something.

Hello d:

Yes, and No... No, it's not the law as you've been informed, and yes the insurance company is trying to get away with something... They're trying to get away WITHOUT paying. It's not NICE, but it's what insurance companies do.

So, I don't know HOW the insurance company is saying what they are, but you can SAY something back, and I would... Did she TALK to them?? Did they tell her no on the phone?? Did they reject her claim? Did they write her a letter? Did they send her a bill??

It doesn't really matter, because they're posturing... It's time for your daughter to POSTURE. She should do that by filing a small claims suit against the other driver for HER damages. She should do NOTHING else. For sure, she should NOT TALK to them - at all - PERIOD - unless the conversation is about a settlement in her favor...

excon

JudyKayTee · Apr 21, 2011, 09:18 AM

I'm a liability investigator (in NY). The Police are after-the-fact witnesss. They did not see the accident. Their opinion on what happened and who was at fault is not binding on the insurance company.

Insurance or no insurance is unrelated to who was at fault.

Your daughter will need to take the other driver to Court for her damages - I trust she didn't say anything damaging when the insurance company interviewed her.