At-fault driver lied to insurance company...

by Kathi
(Seattle, WA)

I was going south on a 2 way street with no stop light or stop sign. A man was at a stop sign facing east in an intersection. As I went by he T-Boned me, hitting the front right side of my car.

He lied to the insurance company and they found me at fault. The officer at the scene told me the other driver got a ticket for running the stop sign, but the insurance is saying I am at fault. I have no outside witnesses since everyone drove around the accident and kept going.

My question is, should the insurance company claims adjuster know who caused the accident by looking at the damage to both cars? How can I prove to the adjuster the other driver was actually at fault? Thanks.

Visitor Question:
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ANSWER for "At-fault driver lied to insurance company...":

Kathi (Seattle, WA):

It is certainly unusual for an insurance company to find in favor of a driver who was ticketed by the police for running a stop sign. From the facts it seems you certainly had the right of way. Although the state of Washington doesn't have a law requiring an insurance company claims adjuster to look at the damage to both cars, it is customary for an adjuster to do so.

Additionally, the claims adjuster should review the Police Report before determining fault. The police report normally indicates the officer's opinion of which driver was at fault for the collision. To prove the other driver was at fault you should bring the adjuster's attention to the police report, especially the ticketing of the other driver.

Unfortunately, claim adjusters are permitted to make their own assessment of driver liability and thereafter decide to pay or decline coverage. In your case, if you're not able to persuade the adjuster to rule in your favor, you will be subject to her decision.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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