Who's really at faul?

by Michael
(Maryland)

My husband made left turn on green (in Maryland) onto two lane side street (Hammond’s lane). He was in left lane. to the right on Hammond’s lane is Walgreens pharmacy.

Person pulled out of Walgreen’s into path of my husband - he swerved to miss but their car struck the rear passenger side door/wheel well of our car (2003 ford crown Victoria).

Police called - other driver gave a few conflicting stories to officer, which she stated could not be possible. Once she spoke to my husband, she then stated that made sense. Other driver claimed at first my husband was driving on opposite side of hammonds lane and crossed center lane into his path. He stated he was pulling out of walgreen's to cross over into other lane. Officer asked if he was trying to make "u" turn, and he said yes.

Officer advised that was illegal, and other driver changed story, and said husband was going same way on hammonds lane in left lane, and he turned right out of walgreen's into right lane. both lanes merge into one, and he claims my husband tried to race or beat him, and they collided due to my husband coming into lane where he was driving.

Officer stated that couldn't have happened due to other driver's location of vehicle, which was never moved and wasn't in vicinity of where the one-lane started. no accident report filed by police due to no personal injury. other driver had passenger which officer spoke to, but he stated he saw nothing - no other witnesses at scene - and officer on scene within 5 minutes of accident.

Two days later, we find out other driver now has a witness which has made a statement. they confirm they were pulling into walgreen's at same area as other driver was pulling out and "saw" the accident.

They confirm the story of both driver's going same way and my husband "racing" to get ahead of him prior to one-lane, which officer stated could not have happened.

Other driver's insurance has denied our claim and sent us a letter stating that due to my husband trying to pass and causing accident they feel it is his fault, but they also feel their insured is at fault for trying to make an illegal "u" turn.

They can't have it both ways - what recourse do we have. Officer has called other driver's insurance and gave her opinions, but they won't budge.


Answer:

Hello,

As you can already tell, this is a “word” v. “word” situation. The police officer did not witness the accident and thus, insurance companies can question whether the officer’s conclusions are correct. In addition, insurance companies have an affirmative duty to defend their clients against liability, therefore, they will do (must do) everything to deny claims against claimants and will have to believe the version of events presented by their own client.

The insurance company can “believe that their own insured was doing an illegal U turned” yet, they can place more fault on you! This is not fair, we know, but unfortunately that is how insurance companies will handle the situation (if they do not believe their own insured, they can be held responsible for bad faith.

You will have to get your insurance involved. They will also have to investigate, and will have to believe you and advocate for your. Aside the conflicting statements to the officer, they will have to look at the undisputed evidence (the location of the cars and the physical damages) to make a decision. They will also have to assess how credible the new witness is. With of all that, if the insurance companies cannot agree, then it will probably be settled in arbitration. Please see:

http://www.auto-insurance-claim-advice.com/arbitration.html

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