What to do about my insurance coverage and an accident that I had?

I was making a left turn at a stoplight and a car in the oncoming side of the road had their turn signal on to make a right at the intersection but did not turn and we collided. At the time there were no serious injuries. The officer did not cite either of us but I am coded at fault on the report. My insurance company says that because of the other driver having the turn signal on that until a thorough investigation is done the other driver’s insurance will have to handle her damages. I have liability coverage up to 50k for bodily injury and 50k for property damage. Does any legal recourse she may pursue have to go through my insurance? Doesn’t the liability insurance I pay for cover it?

Asked on August 29, 2014 under Accident Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your insurer is *your* insurer, not hers--they don't have an obligation to take care of her, only of you (up to your policy limit, that is). Until and unless she or her insurer sues you, there is no obligation on you to do anything--not to pay, not to retain an attorney, not to talk settlement, etc. Therefore, your insurer may be taking the position that until and unless you are sued, that they will not act. If/when you are sued, your insurer should at that point step into defend you, or settle the matter, and/or to indemnify you (reimburse you for any amounts that a court finds you have to pay)--again, up to your policy limit.


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