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  #1  
Old 05-31-2007, 03:03 PM
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Join Date: May 2007
Posts: 1

What is the at fault's insurance obligation?


What is the name of your state? Florida

I was recently in a no injury auto accident in which the other driver was dtermined to be at fault by the police. I filed a claim with his insurance, however they are denying it because they say his story differs from mine. That decision was also made before talking to me or receiving the police report since it isn't ready yet. What are their obligations here? If the police reports finds their client at fault, how can they deny it? I know I can go through my insurance and have them subrogate, however I'm not really willing to put down my deductible with no guarantee of having it returned.

Here are the details of the case:

I was coming out of my development heading north. The road ends at a T intersection with a major road and has an emergency signal and stop sign. At this point the major road is only one lane each way with a yellow striped divider lane in the center. It opens up to two lanes about 400 ft. up. I went to make a right onto the major road, heading east, and there was a car coming eastbound, so I stopped to wait instead of gunning it. The jackass behind me nearly crashes into the back of me, and then lays into his horn. So being the jerk I am, I sit there until he stops. As I begin to turn he backs up, then guns it and tries to beat me on the left side in the divider lane, but becasue there is a median with trees and a curb, he doesn't have room. So, he cuts back behind me, then drives in the shoulder and the grass, and passes me. As he is getting back onto the road, he assumedly tries to cut me off, but sideswipes me instead.

Now, here is where it gets really tricky. He doesn't stop, but speeds up instead. As I slow down to stop, he keeps going so I chase him to get a tag number. I call 911 from the car and tell them I am chasing him, but when he realizes that I am, he takes off going probably 80 in a 40, so I lose him. The dispatcher tells me to go back to the scene and she will send a unit. About 20 minutes later, this guy comes back just as a cruiser is passing by. He gets out and approaches my car, so I flip out on him. The cop stops and tries to see what is going on, and about 5 minutes later the responding unit arrives. We tell our stories and such, and the cops do their little routine.

The outcome is that the cop didn't issue a ticket, despite the fact that this guy left the scene and actually called 911 to tell them I was following him. That's pretty much admitting to it. Anyway, we get the papers and the cop says that based on the information and damage, he determines it's the other guys fault and the report will show that.
  #2  
Old 05-31-2007, 07:20 PM
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Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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the at fault status the police determine is not binding on either of the drivers. They make a preliminary determination based upon what the see and hear. It isn't always correct.

Simply put, if the other guys insurance denies liability for their client, you can either file through your insurance company or sue the other driver.

The courts will ultimately make the decision as to who is at fault if needed.
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