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Insurance company deciding fault/ how to fight it

My husband was involved in an accident where he was unfairly ticketed. He was ticketed based solely on the statements of the other two drivers involved in the accident. An uninsured motorist hit my husband's car, and my husband's car hit another car (after being hit by the uninsured motorist).

The uninsured motorist and other driver got together and blamed by husband for the accident (obviously because he uninsured motorist did not want to pay out of pocket for my damages and the other car's damages and the other driver was probably concerned that his car would not get fixed). My husband got the ticket dismissed in court, but the insurance company already paid the uninsured motorist (because he got an attorney and intimidated the insurance company) and paid the other driver.

They paid them before my ticket was dismissed in court. They didn't want to wait to see how the court hearing would turn out. It took 4 months in court. How do we fight this? It's not fair that by paying out, the insurance company decided the fault.

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Jul 22, 2011
 Similar Experience With A Twist
by: Mike

My father went thru a similar set of events, hit in the rear, by a motorcyclist, who told my father's insurance his career as a golf pro was jeopardized. Turns out he is a golf caddy. My father was an out of stater and was ticketed. The ticket was dismissed. The insurer immediately proposed the limits of the policy, when my father fought them they moved under the laws of my fathers state of residence to terminate the duty to defend and pay the limits of the policy (using the ticket as some level of factual argument)and they won!!! Leaving my father undefended to litigate and settle the claim.
Feb 10, 2011
 So embarrassed
by: Anonymous

this was a helpful article i was involved in an accident a yr ago with a drunk driver on a scooter and I feel i was treated unfairly he backed into my car as i turned damaging my fender but the witness in the other vehicle didnt see the man reverse my passenger was considered bias so his statement didnt count even tho he smelled alcohol on the man and told claims dep. when he spoke with them.then the man refused to stay an wait for athorities & refused treatment and we watched the man go to the gas station and buy alcohol while we waited for the police. Not only was i mentally effected by the accident but I also got financially screwed they settled out of court for 19,050.00 so my premium went up The only good thing is I was not charged with any kind of traffic violation but I still dont fell the man deserved the amount of money he received. I'm a hard working mother of 2 and also trying to attend college now i'm trying to pay $100. mo for liability bc of some greedy alcoholic and I still have a busted fender!!!! wheres my compensation ???
Dec 14, 2007
 Answer
by: Hector

We are very sorry for the delay. We hope this helps.


You have a very particular set of events. How can you fight the insurance decision? This is a rather complicated matter. We are going to outline the process and have you make a decision. In the insurance policy, there is the
“right of settlement” clause. This clause gives the insurance company the “right” to settle even if you disagree. It truly is a “business” decision. The insurance company knows that in car accidents and similar claims, it is not what happened but what they can prove happen. In other words, if there is a dispute in court, can they really win the case by convincing a jury? Some claims are so weird or odd, that even if you are completely truthful, the case might still be lost. When you have a ticket against you, it is pretty hard to get them dismissed (you know, it took 4 months), and you do not know for sure how is this is going to turn out at the end.

In addition, the insurance company owes a duty to you to protect you against (well getting suit). If the other person is getting an attorney, then a lawsuit against you was in the horizon. They have a duty to defend, settle, and/or protect your assets. Sometimes that means “throwing money at frivolous lawsuits.”

This is really unfair, you know. It is your name that they are dealing with. You really get the short end of the stick because you cannot fight and get to the “bottom” of things, but sometimes a business decision is better. We guess it is better to have a claim settled against you than a Jury trial against you.

Can you dispute this? Probably not. You have contracted this in your insurance policy. You basically agreed to it when you pay premium. Again, is it fair? No, not really, but we can see where in some circumstances that is the best way to go!

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