Fighting Fault with MY insurance company

by Glenn
(Houston, TX)

My girlfriend was in a car accident while borrowing my car, and was ticketed for being at fault. The ticket was based on a "Right lane must turn right" sign, but it refers to the next intersection, not the one she was in. She was in shock at the scene, the officer and the driver of the other car both convinced her it was her fault.

She was lost, and confused about the whole thing while she talked to the officer. My insurance company called at 9am the next day to get a statement (accident happened at 6:30pm the previous night) and basically got her to admit fault.

While reviewing the scene later, we found that her her lane DOES go through the intersection, and also that the lanes shift to the left while crossing the intersection. At this point it appears that she only followed what was really her lane, and the other car came straight through the intersection without following their lane and crossed in to HER lane, causing the accident.

We brought this to the attention of my insurance company, and they want nothing to do with it, and are still closing the investigation. We had a consultation with an attorney, who said it is winning case based on reviewing the intersection; and a picture of the other vehicle where it came to rest, IN MY VEHICLE'S LANE! If my vehicle crossed into her lane to make contact, how did the other (smaller)car end up in this lane?

Unfortunately, the damages in the case are not worth the firm's time because it's not a large case. My insurance company has now said they are closing the case, but will review after we fight the ticket and get the police report amended.

How can I be sure of this? Adding more problems to the case, I do not have PIP coverage, and my girlfriend was injured. The only way we can afford treatment is to get the other insurance company to accept fault, which my own insurance company won't try to do. The only leverage I have is I have not signed off on my vehicle (which has been declared a total loss), thus keeping the claim open on some level. The car is financed, and I don't know that I can do anything to stop that process now, because it's the leinholder's money.

We are planning to go to a legal clinic to fight the other insurance company, because those guys will take any case just to get experience.

What can I expect from fighting the other insurance company if my own won't even fight the case? Has my insurance company already cost me the fight, or is it not necessarily relevant? Do I have anything to gain from delaying the claim on my car? I feel that accepting the claim means an admission of fault, which is not right, because it's not true!


Answer:

Hello, fault and total loss are separate issues when it comes to FIRST party coverage. Your own insurance company can simply settle the claim as they decide. Please see: http://www.auto-insurance-claim-advice.com/Right-of-Settlement.html

This really leaves you with no recourse, unless you get a lawyer (which you are strongly encouraged to do). If the insurance company will re open the claim once the ticket is disputed, then you have at least a way to get the claim re open.
Please also see our section on total loss here:

http://www.auto-insurance-claim-advice.com/totaling-a-vehicle.html

Good Luck,
http://www.auto-insurance-claim-advice.com/