who is at fault?

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who is at fault?

My son and another car hit head-on. The police report stated they both tried to dodge a deer. My insurance paid the other party.  i never heard from the other party’s insurance. My insurance said my son was at fault because he crossed the center line, if they both swerved, and the police report only stated they both tried to dodge a deer. How is it my son’s fault, and should I have been contacted by the other party’s insurance?

Asked on May 6, 2009 under Accident Law, Arkansas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First, you never need to wait to be contacted by the other party's insurance company.  If you have the name of the company and the name of their insured or their policy number, you should contact them right away.  Without further information, I cannot tell who was at fault for the accident, and I'm not sure that if, as you say, the police report only says both parties swerved to miss a deer, the insurance company can tell either without conducting an investigation.  If your son swerved into oncoming traffic rather than away from it, that could, perhaps, be the key.  You should, however, start by speaking to the adjuster who handled the claim for your own insurance company and see how they came to the conclusion that your son was at fault.


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