22 Mar
How can an insurance co. say you are part to blame for an accident when you were trying to avoid a collision?
Posted in truck accident lawyer on 22.03.11
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My husband was on his way to work one morn. with two other workers in truck and a car was in the opposite lane in the middle of road getting ready to make a turn. My husband saw the car and tried to swerve to avoid the car. In the meantime, the other car was trying to get back over to his own lane but it was too late and they
collided almost head on. Needless to say, it totaled my husbands truck. Police came, the guy said it was his fault, that the sun was in his eyes and he didn’t see the truck until it was right upon him. The guy gets a ticket for failure to yield. All this was recorded on the police report but when the police drew the diagram, he has both trucks in the opposite lane hitting head on. The guy never turns this in to his insurance co. but I do to mine. anyway, it was five days until HIS insurance adjuster could get his statement and now he says it was part my husbands fault because he was over in his lane!! soo his insurance co. is not getting my husband a vehicle to drive to work cause they are saying the drawing shows both vehicles in the guys lane showing a head on. Also, my husband got hurt (neck, back, shoulders )cause he hit the windshield when the guy hit him, also the two other guys with him have soft tissue and muscle injuries from the crash. This will be 8 days and my husband still don’t have a work truck. He also lost 2 days work. Should we sue or how would we fight this? We would rather not use a lawyer but will if we have to.
2 comments on this topic
22. March - 7:13 pm
First, it sounds like the officer documented the incident incorrectly. This could just be an error, so contact the officer and if he did in fact make a mistake he can file an amended report.
Second, where in all of this is YOUR insurance company. They should be assisting in your defense (because if it is found to be your fault they will have to pay part of the claim). Note, I am also assuming that although it is a ‘work truck’, its not owned by a company, otherwise their insurance would be in play.
In the event this goes to court, you will need a lawyer. You should be able to find one who operates on a contingency fee if finances are an issue, although personally I recommend an hourly rate lawyer as they are more likely to get the best outcome for you instead of one whose payment depends on the final amount.
22. March - 7:13 pm
When dealing with personal injuries and insurance companies, get a lawyer. The insurance company has lawyers working for them to protect their interests, you should too.
22. March - 7:13 pm
You seem to be asking if the insurance adjuster, covering another driver’s liability, is required to simply pay you, with whom they have no contract. The answer is no. If you think someone else is at fault, in whole or in part, and his insurer will not roll over and play dead, then you sue the other driver. His insurer will assume the defense, hire the lawyer and pay any judgment. Until then, that insurer owes you no duties at all. They need not pay and need not agree with your conclusions and need not even be polite.