Arbitration question regarding conflicting stories

by Stacy
(Texas)

My 19 yr old daughter was driving through the McDonalds parking lot heading for the drive through. A guy backs out of a parking space and hits her. It left a dent where impact was and then scratched down the side.

Impact was at passengers door. His insurance has denied fault because his story was that he had not backed out but that she came by and swiped him. My daughter called 911 but they would not come out because it was private property. My insurance in sending this to arbitration.

My adjuster said that to him it is obvious by the impact dent that he had backed out and wouldn't have the dent if she came by and hit him with her passenger side.

If this seems to be so obvious by my insurance, why is it not obvious by the pictures that were sent to his insurance. I have just learned that if there are two different stories, your probably out of luck.

Is it really this easy to get out of claims??

And in your opinion will arbitration really look at the damage to both vehicles well enough to confirm it was his fault.

I don't understand how I'm suppose to teach my daughter to be honest when the adults around her won't be. Just so disappointing.

Answer:


Hello Stacy,

I am sorry to hear about this story. Perhaps the better teaching here is that this is difficult world and that people change their story all the time, so you are better off always having witnesses etc.

She did the right thing by contacting the police. The arbitration process will review both adjuster's pictures and recorded statements. Typically, the point of impact will be the sole way to determine fault.

The insurance company of the person that hit you must believe their client. It is their duty to so. So they are doing what they are supposed to, "advocate for their client."

Do ask your adjuster for your file so you can review what is going to be presented to the arbitrator.


Good Luck,
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