Results 1 to 3 of 3
  1. #1
    Join Date
    May 2011

    Default Fault for a Minor Sideswipe Accident

    My question involves a traffic accident in the State of: NY

    Recently was involved in a two car minor sideswipe accident with two
    different versions of the Police Accident Report. Police cannot determine
    who's at fault. One driver claims his vehicle wasn't moving when the
    other driver sideswiped the car causing minor body damage to both
    vehicles. Originally the driver who was at fault agreed to pay for damages.
    Because there is also damage to their vehicle, now refuses to pay for
    damages and claims that both vehicles were moving at the time of
    accident. Currently the insurance company is dealing with this and will
    refuse to pay damages for the other vehicle if their insurance company
    tries to file a claim to recover the cost of damages paid by them.

    Anybody else online deal with something similar and what was the outcome.
    Suggestions, feedback to help me prepare what is to happen.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Fault for a Minor Sideswipe Accident

    You mean in general terms? When the facts aren't entirely clear and two insurance companies disagree over fault? It happens with some regularity. Sometimes the matter settles; sometimes the insurance company cannot get money from the other insurer and, if the driver doesn't have coverage of his own, tells their insured that they'll have to pursue their claim themselves. If you have coverage through your own insurer for damage not covered by the other driver, you can utilize that coverage if the other driver (and his insurance) refuses to pay.

  3. #3
    Join Date
    May 2011

    Default Re: Fault for a Minor Sideswipe Accident

    Thank you kindly for responding. Agree with everything that you said about each insurance company attempting to recover from each other which probably won't happen due to each driver claiming no-fault.

    It gets a bit messy if the other driver doesn't back off. Other driver is now claiming injury to himself and the passenger. This driver has probably already spoken to an attorney who is now coaching him to get a doctors report and serve me with papers to litergate. A very minor accident will now turn into a moneymaker for this driver. I am the victim that is being setup by this individual. How will my insurance company defend me if it does go to litergation instead of letting the insurance companies settle. Yes, the other driver has coverage and I have complete coverage.

    1. Sponsored Links

Similar Threads

  1. Speeding Tickets: Minor Cited for Speeding, 3 Months After At-Fault Accident
    By squirrelboy in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 12-27-2010, 06:10 PM
  2. Traffic Accidents: Involved in a Car Accident Causing Minor Injuries to Other Party and Was at Fault
    By rogerthat in forum Accidents and Injuries
    Replies: 7
    Last Post: 08-02-2009, 05:45 AM
  3. Traffic Accidents: Minor Daughter's Accident - No Insurance, At Fault
    By ellerbol in forum Accidents and Injuries
    Replies: 1
    Last Post: 04-17-2008, 12:06 PM
  4. Traffic Accidents: Whose fault was this accident?
    By nj76 in forum Accidents and Injuries
    Replies: 2
    Last Post: 11-20-2006, 09:55 PM
  5. Traffic Accidents: Auto accident with minor injury - not at fault but uninsured
    By courtneydisney in forum Accidents and Injuries
    Replies: 3
    Last Post: 03-16-2006, 09:32 AM
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Legal Forms - Buy easy-to-use legal forms.