My car slipped on ice on highway right after a winter storm and was rear-ended by another car, who is at fault?
Question Details:
I was driving on the highway when it was covered with snow/ice and my car hit a patch of ice and hit the guard rail on the side of the highway. All of the cars behind me stopped in time but one of the cars further back didn't stop and rear-ended my car. Their insurance company refused my claim stating that it was my fault and said that their driver claimed to be driving at "35 mph" which was obviously not true due to the fact that my rear bumper is gone and the other car pushed my car far out and even surpassed my car before it finally stopped. How do I dispute the claim refusal or do I even have a case?
I think you need to hire a lawyer, and sue the other driver. The lawsuit itself might not be necessary; a good lawyer will start handling a matter like this with a very pointed letter to the insurance company. Once the insurance company knows that you do have a lawyer, I think there's a very good chance that they will take a much more reasonable position. It's very, very rare that the driver who is tail-ended by another is found to be at fault, and this doesn't sound to me like one of those cases.
Insurance companies are in business to make profits, like any other business. The less they pay out in claims, the more profit they make. Sometimes, when they are dealing with someone who doesn't have a lawyer, they will take a legally borderline position. Sometimes, they'll take a position that has very little chance of standing up in court, if they think they can get away with it. You need a lawyer, to get a level playing field.
