At fault person denies liability

Stephiel4

New Member
2
I turned onto a 4 Lane road with a speed limit of 35 mph. A person entered the roadway from a parking lot and attempted to cross all 4 lanes of traffic to a parking lot on the other side. She crossed in front of me. I almost missed her but my front driver side did impact with her back passenger side. She stated that she never saw me so it wasn't her fault. I said that I was obviously there and she said "obviously, but I didn't see you." The police would not come out as there were no injuries and told me to call and make a report later. She has insurance through All State. She has told them that it was not her fault because she made sure she had plenty of room to cross. She has now changed her story to say she did see me but she had plenty of time. My adjuster has said that All State may deny the claim to satisfy their customer even though she should not have entered the roadway. I was not speeding. I had just turned left. The accident was almost immediately after I turned. Can her insurance company deny my claim even though their customer is clearly at fault? I have insurance but I would also pay a deductible.
 
Can her insurance company deny my claim even though their customer is clearly at fault?

Yes.

In the absence of unbiased witnesses, it's your word against hers. Each of your statements are given the same level of credibility so it's likely a wash.

Her insurance company has an obligation to protect her if the facts allow it.

Did you take photos of the cars at the point of impact? Upload them here.

I have insurance but I would also pay a deductible.

If Allstate denies the claim, use your own insurance. That's what you pay for.

If your insurance company gets reimbursed you'll get your deductible back.

If you don't mind, go to google maps, print out an aerial view of the location of the accident. Plot where your car came from, what lane you turned into, where your car was at point of impact. Do the same for her her car. Scan the result and upload it here. I'll give you an opinion as to fault.
 
I turned onto a 4 Lane road with a speed limit of 35 mph.
I had just turned left. The accident was almost immediately after I turned.

Looks like you did not establish a position in the road you turned onto and YOU also did not see what her intention was as she left the lot. Let the insurance companies sort it out but it looks like a "you pay yours and she pays her's" situation
 
Thanks for the responses but they did confuse me. All state agreed that their customer was 100% at fault so everything did work out.
 
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