One party accident no other vehicles involved causes Liability determination?

by Jocelyn
(Lancaster)

Flooding on parts of roadway caused car to hydroplane and hit center divider. Insurance has totaled car and sent a letter of liability and 100% at fault notification. This was exclusively under the collision damage coverage and no other car or property was involved.

Why would the insurance company be determining liability and stating hat the other party was not responsible?

The center divider is the other party, so to speak. Shouldn't this claim be completely under collision with a no fault determination?


Answer:

Hello Jocelyn,

The driver is at fault for going too fast for conditions (or not paying attention to the flooding and causing the car to hydroplane). One party can be 100% at fault for their own damages and the damages cause to a third party (the state probably owns the divider and any damage done to it will have to be paid).

The liability coverage will have to cover damages to whoever owns the divider. This was a collision as a car collided against an object (collision coverage is defined in the policy and it covers collisions with objects, the ground is an object, and thus most one car accidents are collision based).

See more about collision coverage here: http://www.auto-insurance-claim-advice.com/Collision-Coverage.html
More about liability coverage here: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
And more about fault here: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html



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