Whosn at fault? Thanks to all who reply

[moburkes]

Am I making any sense?

Yes, you're making sense, but WHY is your insurance company denying the claim? That part doesn't make sense.

 

[ecmst12]

Yes you are making sense. The other driver can and possibly will sue you. If that happens, notify your insurance company right away, because they have a duty to defend you. If you lose the suit, they will pay up to your policy limits. You should NOT pay the other driver anything out of your pocket - that is what you pay your premiums for. If they have to go to court to get your insurance to pay, that shouldn't affect you much at all (other then having to appear in court), but the only way you should have to pay anything for THEIR property or medical bills, would be if they go to court and are awarded more then your policy limits. Until then, let your insurance handle everything. Though I'd consider switching companies when your policy is up, if they are refusing to pay on an accident that they should be paying for and leaving you open to lawsuits.

 

[Slowpoke]

Yes, you're making sense, but WHY is your insurance company denying the claim? That part doesn't make sense.

Thanks moburke,I have asked my insurance company why,and the claims woman said that its because she closed the case, She said from all the statements she has got, even from the victim of the other car, we see you are not liable. Someone! has to be liable and I was the one who ended up with a ticket for driving left of my lane. I paid a lawyer to have the ticket dissmissed and it was.
I still don't understand why my insurance is not paying,I dont see the reason for a court case. I really don't want to admit to anything but I do look like the responsible party holding the ticket.
At what point should I hire a lawyer or will I even need one? Thanks

 

[Slowpoke]

Yes you are making sense. The other driver can and possibly will sue you. If that happens, notify your insurance company right away, because they have a duty to defend you. If you lose the suit, they will pay up to your policy limits. You should NOT pay the other driver anything out of your pocket - that is what you pay your premiums for. If they have to go to court to get your insurance to pay, that shouldn't affect you much at all (other then having to appear in court), but the only way you should have to pay anything for THEIR property or medical bills, would be if they go to court and are awarded more then your policy limits. Until then, let your insurance handle everything. Though I'd consider switching companies when your policy is up, if they are refusing to pay on an accident that they should be paying for and leaving you open to lawsuits.

WOW Thanks ecmst I never even would of thought about using another company,but that makes so much sense now. MAN I appreciate that ecmst got me thinking now! My policy is up. thanks

 

[moburkes]

Thanks moburke,I have asked my insurance company why,and the claims woman said that its because she closed the case, She said from all the statements she has got, even from the victim of the other car, we see you are not liable. Someone! has to be liable and I was the one who ended up with a ticket for driving left of my lane. I paid a lawyer to have the ticket dissmissed and it was.
I still don't understand why my insurance is not paying,I dont see the reason for a court case. I really don't want to admit to anything but I do look like the responsible party holding the ticket.
At what point should I hire a lawyer or will I even need one? Thanks

If the other party sues you, then you turn all the paperwork over to your insurance company. They will defend you. You've paid for them to do that. Good luck. You do not need an attorney at all, at this point.

 

[ecmst12]

Even if you switch insurance companies, if you are sued for this accident, then you give the information to your CURRENT company not the new one, because they were insuring you at the time of the accident.

Also, you made a comment earlier about not wanting to read your policy because you didn't think you'd understand it. A lot of people think this, but insurance policies are actually easier to understand then you might think. They are pretty dull and dry, but the language itself is written at probably about an 8th grade reading level, and all the insurance-specific terms are defined in the beginning section of the policy. You should definitley at least attempt to read your policy, and anything you don't understand after that, you can ask the customer service people to explain for you.

 

[jdmba]

Yes you are making sense. The other driver can and possibly will sue you. If that happens, notify your insurance company right away, because they have a duty to defend you. If you lose the suit, they will pay up to your policy limits. You should NOT pay the other driver anything out of your pocket - that is what you pay your premiums for. If they have to go to court to get your insurance to pay, that shouldn't affect you much at all (other then having to appear in court), but the only way you should have to pay anything for THEIR property or medical bills, would be if they go to court and are awarded more then your policy limits. Until then, let your insurance handle everything. Though I'd consider switching companies when your policy is up, if they are refusing to pay on an accident that they should be paying for and leaving you open to lawsuits.

I agree 100% with this post.

You should let your insurance company deal with the other party. If a lawsuit is filed, your insurance company will be included. Then get another company.

As a side note, what happened with the ticket? Did you fight it? Was the ticket thrown out? I ask this because there is a simple tort doctrine which in a nutshell states that if a person is ticketed under a law for conduct that results in injuries/damages that such law was designed to prevent, then the injured party may sue and avoid having to prove some otherwise essential elements in a negligence action (duty, breach of duty) -- the ticket alone proves those elements.

For example: Let's say you ran through a red light and injured somebody crossing the street. After the fact a police officer gave you a ticket for failing to stop at a red light. The injured person can win in a negligence action against you by simply proving that you were ticketed for running the red light, that he was injured, and that you running the red light cause the injury. This is because the law under which the ticket was issued (i.e. the law that makes running red lights illegal) was written in order to prevent injuries and damages from collisions in intersections. With no ticket, then the injured party would need to prove that you had a duty to drive reasonably and that you breached that duty by driving unreasonably (which could be much more difficult to prove).

 

[tammy8]

Are you sure you had an active auto policy at the time? I have never known an insurance company to not pay for an accident such as this. And it seems awful strange that you are so willing to pay out of pocket????!!!

 

[Slowpoke]

Are you sure you had an active auto policy at the time? I have never known an insurance company to not pay for an accident such as this. And it seems awful strange that you are so willing to pay out of pocket????!!!

Thanks Tammy for helping me understand this,Yes!! I sure was insured,I only had liability but I was insured,and I agree it does seem a little strange. The reason why i feel willing to pay is that I got the ticket for driving left of my lane. I hired a lawyer and my ticket was thrown out,dissmissed.

 

[tammy8]

Call your claims adjuster and have them reopen the claim.

 

[Slowpoke]

I agree 100% with this post.

You should let your insurance company deal with the other party. If a lawsuit is filed, your insurance company will be included. Then get another company.

As a side note, what happened with the ticket? Did you fight it? Was the ticket thrown out? I ask this because there is a simple tort doctrine which in a nutshell states that if a person is ticketed under a law for conduct that results in injuries/damages that such law was designed to prevent, then the injured party may sue and avoid having to prove some otherwise essential elements in a negligence action (duty, breach of duty) -- the ticket alone proves those elements.

For example: Let's say you ran through a red light and injured somebody crossing the street. After the fact a police officer gave you a ticket for failing to stop at a red light. The injured person can win in a negligence action against you by simply proving that you were ticketed for running the red light, that he was injured, and that you running the red light cause the injury. This is because the law under which the ticket was issued (i.e. the law that makes running red lights illegal) was written in order to prevent injuries and damages from collisions in intersections. With no ticket, then the injured party would need to prove that you had a duty to drive reasonably and that you breached that duty by driving unreasonably (which could be much more difficult to prove).

Thanks jdmba yes I hired a lawyer and my ticket was thrown out, Will that fact help my case at all? The other party is sueing because they say I was neglagent. The road is so skinny there is no room for any error of anykind,and I was not speeding it was just deer and crash BOOM all at the same time. If I am liable then I want to pay and get this over with Its worrying me to no end. It seems they could of found a better word than neglegent. It was an accident. Thanks all of you you really are helping me.

 

[tammy8]

In NC the word negelent is always used.

Give the law suit papers to your carrier at the time of the accident and have them deal with it.

 

[Slowpoke]

Call your claims adjuster and have them reopen the claim.

I should do this because to protect myself from having to pay? Having a closed case means that my insurance company is no longer liable to pay and that I will have to pay? Im not understanding why I should do this,No offense at all I just am not understanding I guess.
But I tell you all you guys have truly helped me mentally. I just need a litle guideance and Im getting it.

 

[Ohiogal]

yes the other car owner/passengers can all sue you for the damages they sustained.

 

[Slowpoke]

In NC the word negelent is always used.

Give the law suit papers to your carrier at the time of the accident and have them deal with it.

Thats exactaly what i did and If it wasnt for you all I never would of done that,and probly would be lost and up the creek without a paddle. (exscuse the spelling too)