What is my legal recourse when both insurance companies claim both drivers are not liable?

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What is my legal recourse when both insurance companies claim both drivers are not liable?

I was in an auto accident in July. My insurance company determined that I was not liable for the incident. The other driver’s insurance company has determined that she is not liable for the incident.

This is what happened. I was driving north on Cerrillos road in Santa Fe. She turned right out of a parking lot right in front of me and I slammed on my breaks and hit her back bumper. I took photos of the long tire mark in the road from my breaking. I didn’t even know the driver was woman until we pulled into a nearby parking lot and she got out of the car. She hadn’t even looked before pulling out into the road.

Now her insurance company is saying that we’re at a standstill because each driver says something different. I do not have full coverage, so my insurance company Geico says they cannot pursue the claim any further with AIG. Geico recommended I reach out to AIG directly to see if there is info I can provide to move the claim forward. I have called the claim adjuster at AIG three times and cannot get a call back. My car was damaged and I believe her insurance company should pay for the damage.

My question is clearly, AIG isn’t just going to help me further this claim against their client. What legal recourse do I have to get this resolved?

Asked on January 27, 2017 under Accident Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The insurers' opinion is not a legal determination: it is just their opinion. It may mean that they will not voluntarily compensate you, but if you sue the other driver and win, there will be a court judgment requiring him to pay you compensation for the injuries, damage, and costs provably resulting from the accident he caused. If the other driver has insurance, his insurance should, if you get a judgment against him, step in to pay on his behalf, at least up to policy limits; but even if his insurer does not pay, *he* will have to, if you win the case.
To win the case, you'd have to prove in court that he was "at fault" in causing the accident; that is, that he caused the accident by driving negligently or unreasonably carelessly. If you can prove that in court, he or his insurer will have to pay, regardless of their opinon as to fault.


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