If there is a car accident with another vehicle, can that other vehicle’s insurer solely determine which driver was at fault?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If there is a car accident with another vehicle, can that other vehicle’s insurer solely determine which driver was at fault?
My girlfriend was involved in a car accident a year ago wherein the insurance companies at the time could not determine who was at fault. At the time of the accident, she did not have insurance so the state DOT required her to pay $2,000 in damages to the other vehicle owner since he had obtained a lawyer, which she did pay. We received notice that since she paid the $2,000 to the DOT, if the other party’s lawyer accepted the $2,000, no further action would be taken. Today we received notice from the other insurance company stating that they had determined during their investigation that she was 100% at fault and they are requiring her to pay an additional $3,600 in reimbursement for what they paid their client in damages. Is this right?
Asked on March 4, 2015 under Accident Law, Iowa
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Ok she needs to go and seek legel consultation with all the documentation especially if there was a release signed. The issue is what the release states and if the insurance company - who is allowed to subrogate the claim (step in to the shoes of the person who owned the car if they paid out for damages) is bound by the documents that she has. An insurer can determine anything they want. What happens now if that you have to shoot holes in their reports and theory of the accident. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.