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  1. #1

    Default What to Do if Both Insurance Companies Say the Other Driver is At Fault

    My question involves an injury that occurred in the state of: Washington.

    Situation:
    I was in a MVA in December 2016 in Washington State. The road was bi-directional, with one lane each way and a left-turn lane in between. At the location of the accident the road was curving to the left and the speed limit was 30 MPH. The roads were slick due to weather (snow, possibly ice) and the shoulder of the road had a large embankment of snow from the snow plows.

    The Accident:
    I slid off of the road to the shoulder and snow covered sidewalk due to loss of control. Due to the curve of the road (to the left) I ended up ~90* from the tangent of the road. The vehicle immediately behind me also lost control and hit the rear passengers door, spinning it around to ~140* from the tangent.

    The Evidence:
    We both have pictures, but there were no witnesses and the police did not file a report.

    The Settlement:
    I settled with my insurance company as a total loss and received the deductible back as they said the other insurance company accepted liability. My shoulder was acutely injured in the accident, but a few doctors appointments and Physical Therapy later, it is fortunately not an ongoing issue. Nobody has paid my medical bills yet. The other driver was not injured (to my knowledge) and his vehicle was minimally damaged (Ford F?50 tow truck).

    Fast forward a few months to 4/25/2017. I received a letter from the other insurance company stating I was at fault and they would not accept liability:
    "At the time of loss, you lost control of your vehicle due to poor road conditions and ended up facing the opposite direction partially blocking the roadway. Our insured driver was unable to stop and struck your vehicle. You are the cause of this accident for failure to control your vehicle and possibly driving too fast for the weather conditions."

    My Take:
    I did lose control of my vehicle, but I was completely on the embankment of snow off of the roadway. I was essentially a (very poorly) parked vehicle on the shoulder. The vehicle behind me was driving too fast and following too close and is at 100% fault for the accident for losing control and hitting my vehicle.

    My Questions:
    1. Will my insurance company charge me the deductible they reimbursed to me?
    2. Who is at fault? Is there partial fault here (State of WA)?
    3. Who will pay for my medical bills?


    Thank you!
    Adam

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Rear-Ended After Loss of Control; Each Insurance Company States Other Party at Fa

    Will my insurance company charge me the deductible they reimbursed to me?
    That's a question to ask of your insurance company's claim rep.

    Who is at fault?
    If your story is true, then the other driver is at fault.

    If his story is true, then you are at fault.

    Without independent unbiased witnesses to what actually happened, the other driver's insurance company is free to deny your injury claim and you will have to sue and convince the court that you were not at fault. Good luck with that with no witnesses.

    Is there partial fault here (State of WA)?
    Yes.

    RCW 4.22.005 Effect of contributory fault.
    In an action based on fault seeking to recover damages for injury or death to person or harm to property, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant's contributory fault, but does not bar recovery. This rule applies whether or not under prior law the claimant's contributory fault constituted a defense or was disregarded under applicable legal doctrines, such as last clear chance.
    http://apps.leg.wa.gov/RCW/default.a...=true#4.22.005

    Again, you are making the claim that the other driver was at fault. You have to prove it. Without witnesses, that's problematic

    Who will pay for my medical bills?
    You do.

    Or your medical insurance if you have any.

    Whether or not you ever get reimbursed depends on the outcome of a lawsuit and there's no way to predict that.

    Might be a good idea for you to talk to a personal injury attorney and review your options.

  3. #3

    Default Re: Rear-Ended After Loss of Control; Each Insurance Company States Other Party at Fa

    Ouch. So because there are no witnesses the other side can just claim I was at fault and force a "my-word-versus-his," scenario. That dishonesty pisses me off.

    So will my insurance company sue their insurance company (or arbitrate)? And if they do, will any agreed upon fault (50%, 100%, etc.) automatically apply to my injury settlement as well?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Rear-Ended After Loss of Control; Each Insurance Company States Other Party at Fa

    Quote Quoting astranberg
    View Post
    Ouch. So because there are no witnesses the other side can just claim I was at fault and force a "my-word-versus-his," scenario. That dishonesty pisses me off.
    The human race is full of evil people who do wrong and get away with it.

    Quote Quoting astranberg
    View Post
    So will my insurance company sue their insurance company (or arbitrate)? And if they do, will any agreed upon fault (50%, 100%, etc.) automatically apply to my injury settlement as well?
    If the two insurance companies agree on a percentage split for your collision damage it's likely that the other driver's insurance company will apply the same percentage to your injury claim.

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