In an accident claim where fault is essentially a he said/she said case and fault is somewhat ambiguous, do auto insurers tend to side witht heir customers or is it a completely objective determination?
Answer by oklatom
It is completely objective, and a result of an investigation of only the factual information. And they have a whole pocket full of tools which help them, including professional accident reconstruction people if needed.
I've had insurance companies pay me extra to tow a wrecked vehicle into a parking lot where another towing company brings the other vehicle, and they will put them back into the same configuration they were in at the time of the crash to gather even more information.
Answer by Jifr
Hiya:
Liability is based on facts. Or - the facts as the adjuster knows them.
The insurance company will conduct an investigation: take statements from everyone involved, try to get witness statements, examine the vehicles, examine the scene.....
I can tell you that people almost ALWAYS deny liability. It's like they are programmed that way or something! lol
As infamously coined by CSI - the evidence doesn't lie.
When looking at impact points on a vehicle, we can tell things like speed, direction of impact. There are crush zones in the hood, doors, frame....crush zones serve 2 purposes - absorb and transfer energy. You've heard that physics law: An object in motion stays in motion? It's easy to follow the evidence.
People sometimes don't even know what they are saying is giving them away and proving them a liar. When someone gets hit from behind, claims that they were stopped and that their head hit the windshield. Big Fat Lie. If you were hit from behind...while you were stopped....your head would go backwards. Not forwards. If you were MOVING on the other hand.....different picture. And speed makes a difference.
So - bottom line..just because you have a he said/she said situation - that doesn't mean that it will stay a he said/she said siutation. If all else fails and there is still some ambiguity - depending on the negligence jurisdiction you live in - you could both end up sharing some percentage of liablity - or end up having to pay your own damages or....
You get the picture, right?
Goodluck!
~jifr!
Answer by insurance c
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Orignal From: How objective are auto insurers in an accident claim?
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