Conflicted Liability In an Auto Accident What Happens?

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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Conflicted Liability In an Auto Accident What Happens?

Here is some good information from a former car insurance adjuster about the ins and outs of the insurance industry. Believe it or not, as arbitrary and chaotic as liability decisions may appear, the insurance companies do have processes in place for determining liability, and here is what that looks like with you. For the sake of simplicity, let's break down liability decisions into three basic levels.

The most simple liability decision is one where liability is not in question and both parties agree about facts of the accident.

In some instances, disputes arise from a different interpretation or memory of what occurred in a given crash. For example, both drivers claim they had a green light. This can be resolved via witnesses or the nuances in the description of the events that indicate credibility and accuracy of one version over the other.

In some cases, there is insufficient information to determine what happened and the only information available is the first-hand account of each driver. In those circumstances, it may be deemed a “he said-she said” scenario. In those situations, neither insurance company will pursue the other driver for liability, as there is no supporting evidence.

More significant disputes arise from a lack of clarity/agreement regarding who is at fault. Sometimes insurance companies whole-heartedly disagree about who is at fault and who is not at fault. When this occurs, there are two common paths that can be taken.

If both parties involved in the accident share the same insurer, it is likely that a panel of adjusters and supervisors will review the evidence and provide a determination that the adjusters are required to abide by.

When the parties involved in an accident have different insurers, they will likely submit their positions and evidence to an arbitration forum. This is a third-party entity which will then provide the evidence to a certified arbiter. The certified arbiter is frequently an adjuster who works for an uninvolved insurer. This arbiter will provide a judgment that both insurers are bound by.

Why is this important? This matters to you because if you feel that the evidence supports your version of the events of an accident, and your adjuster also supports your position but the other insurance company simply won't budge, you may ask for the decision to be determined through arbitration. Not all insurers are willing or able to do this, but most large insurers will. Also, know that a decision, once rendered, is binding and it certainly isn't guaranteed to be a welcome one. So discuss it with your adjuster before moving forward with this option.

Remember that if you were seriously injured in an accident and liability is in question, it may be prudent to talk with an attorney prior to taking any action with the insurance companies.