Negligence or lack of

[qpcomma1]

Last month a lady came slamming into me at a red light. She was all distressed saying her brakes failed. Am Fam kept sending me letters saying oh, were investigating the brakes, for a month.. they kept saying it. I have a p&c license, passed with a 90, yet missed the part where an insurance company can simply say.. sorry were not going to pay a cent because she wasn' negligent.
Apparently accidents are not covered by insurance? I spoke with a friend of mine who is an Am Fam agent and he said it's not true, they are just trying to get you to go away. Either way insurance companies are getting worse by the year.. criminal. Two years ago I got slammed into at another red light. Collected 500 bucks. And my insurance went up by 100 a month. It's nuts. Anyone like to put in their understanding of these negligence laws? Would you take it to court?

 

[InsCommentary]

Turn it in to YOUR insurer and let them handle the recovery of their payment and your deductible.

 

[adjusterjack]

I have a p&c license, passed with a 90, yet missed the part where an insurance company can simply say.. sorry were not going to pay a cent because she wasn' negligent.

That's right, you did miss that part, because that's exactly what the other driver's insurance company can say because it is not your insurance company and has no obligation to you until a court of law says so and says how much.

I don't know how many auto policies you've sold since you got your license but I suggest you take out a sample policy and read the liability insuring agreement:

We will pay damages for "bodily injury" or
"property damage" for which any "insured"
becomes legally responsible because of an
auto accident. Damages include prejudgment
interest awarded against the "insured". We will
settle or defend, as we consider appropriate,
any claim or suit asking for these damages. In
addition to our limit of liability, we will pay all
defense costs we incur

Her insurance company has a contractual obligation to carefully investigate any claims against her to determine if she was negligent (legally responsible) in causing the accident. Just like you would demand your insurance company to do if you were accused of causing an accident.

"My brakes failed" is typically a bogus defense but it is remotely possible and, if it can be proven that the brakes had a manufacture or installation defect, that could be a valid defense against an allegation of negligence.

Meantime, if you want to speed things up, use your collision coverage. If you've got the time, just wait. You can sue if you want to but the defense and trial will take just as long, or longer, than just waiting for her insurance company to complete its investigation.