Who is at fault for this accident?

by Robert

My son was driving in the parking lane through a parking lot when he was it by a driver backing up, the driver reported a claim on our ins as my son did his, the other driver told his insurance that he was already backed out and my son flew around the corner and hit him, but when my insurance company called us (which was before we called his) they said that the driver reported an accident while he was backing up and did not mention anything about a corner or flying around it or that the driver reported being already backed up.

My insurance company quickly closed the claim stating that their investigation indicates damages occurred because he failed to keep a proper lookout while backing.

No assessment of damages was made by them. The other drivers insurance company never asked for a statement from my son, but took mine, they sent out an adjuster for damage assessment, and later completed the investigation stating that it established the following: adverse to v2 100% for FTCS, DI.

And that the other driver is not legally responsible for damages. My son showed me where it occurred and where the other driver was parked which was at least 35 feet from any corner and the corner is large and wide as well, my son states that the driver did not even look and backed up rapidly and i believe my son.

I am thinking about calling the adjusters supervisor and then filing a complaint. Would i file the complaint with the Tx Dept. of ins or with the state Ins. commissioner?

Or is that a bad idea? Also do you know what the v2 100% for FTCS, DI means? Thank You ever so much for any ideas you may have. Robert


Answer:

Hello Robert,

I am sorry you are in this situation. Your insurance company should explain to you the entire process. I have no idea what adverse to v2 100% for FTCS, DI means.

For what you tell me, it appears that the other insurance company believes your son is 100% at fault. Your insurance company must provide a defense. Usually, this happens in arbitration. Both insurance carriers take the evidence that they found and try to "battle" out in a binding arbitration.

When this happens, your insurance adjuster investigation is critical. Insurance adjusters are supposed to get scene investigations (pictures of the parking lot), witness statements, driver statements, police reports, and pictures of the damages.

Usually the damages can clear up what happened. It is important that your adjuster have all the information possible so when this goes to arbitration, then you can have a good chance of winning.

As far as submitting a complaint, the Texas Dept of insurance is the place to go. Their website is http://www.tdi.state.tx.us. For more information about how to handle claims or dispute liability, visit:
http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html.