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  1. #1
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Accused of Improper Passing After an Accident

    My question involves a traffic accident in the State of: WV
    My daughter was involved in an accident the last of Sept. She was in her correct lane when an old lady (79) came out from the turning lane (trying to go into the old folks home) and drove into her. the old lady told the police that my daughter was improperly passing, which was total impossible as she could not have been off of the road because the entire street block is filled with telephone poles, signs & such. Right after the accident when my daughter called 911, they told her to move her car off of the road! After getting a copy of the police report it said "improper passing" The old lady's insurance company said they wouldn't pay to fix my daughter's car. Later the lady's insurance company said they would so, parts were ordered about $5,000 worth of damage & a rental car, the lady's insurance company wanted different parts ordered, so original parts were sent back & the other ones ordered thru the auto body shop. Now the insurance company says they won't pay & she had to return her rental car which she returned today. Now the insurance company wants to do arbitration. What are our options? Thank you.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Determination of Fault on Police Report Was Impossible

    If she has coverage on her policy, use her own insurance

    agree to arbitration

    refuse arbitration and if they refuse to pay, sue the other driver

  3. #3
    Join Date
    Jun 2009
    Location
    West Virginia
    Posts
    28

    Default Re: Determination of Fault on Police Report Was Impossible

    Who should my daughter have represent her during this arbitration; her insurance company agent or our family lawyer? Thank you.

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