What gives car insurance companies the right to decide liability like this?
I hit into the back of someone and it wasn’t my fault. It was unavoidable as the person I hit into was ‘parked’ dangerously on a dual carriageway (and I couldn’t have seen him for miles as I was behind a large van, not right behind it, and on a straight road). The insurance company have said I’m liable because: (1) Someone has to be (2) It’s harder to prove the other car was at fault (3) If someone hits into the back of someone else it’s their fault. Thing is, they’ve made this decision before even receiving my ‘Accident Report Form’. So I’ve looked up the word ‘accident’ in the dictionary and here’s what I found:
1. An undesirable or unfortunate happening that occurs unintentionally and usually results in harm, injury, damage, or loss; casualty; mishap: automobile accidents.
2. Law. such a happening resulting in injury that is in no way the fault of the injured person for which compensation or indemnity is legally sought
Interesting difference dont you think?
Anything that’s parked is going to not be at fault in a collision.
July 17th, 2010 at 4:01 am
When one object is stationary, and the other is moving, then generally the stationary object has no chance to avoid the collission and so the fault lies with the one that is moving.
Insurance companies don’t decide liability. Courts decide liability. Insurance companies decide what position they will take if you decide to sue. That is, they decide what they will pay voluntarily, but courts decide what they have to pay whether they like it or not.
Words are often defined in the policy and by legislatures and dictionaries are not always accurate or complete.
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July 17th, 2010 at 4:23 am
Anything that’s parked is going to not be at fault in a collision.
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July 17th, 2010 at 4:41 am
It sounds to me like you are both somewhat at fault. Certainly an illegally parked vehicle is partially to blame! You also share as I see it because you hit a stationary object. (Unless you can show poor lighting etc. caused your vision to be obscured.) When you sign an insurance contract, generally the insurance company reserves the right to decide, after investigations, whom is to be at fault. If the police investigated the accident, the insurance companies often use the police reports to make decisions. Even though they shoulkd conduct their own investigations because often times cops are poorly trained and make bad assumptions.
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Law School Cop
July 17th, 2010 at 4:55 am
I know someone who went through that. Your insurance co. is somewhat right. Appeal it. You may be able to get 20% at fault instead of100% at fault. The insurance co. would pay you 80% of damages to your car. It can’t hurt. The person who you hit was illegally parked, correct?
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