Establish Liability

What is the name of your state (only U.S. law)? Utah. Does anyone know if there is a deadline for an insurance company and their insurer to establish liability?

kilikib60 said:

What is the name of your state (only U.S. law)? Utah. Does anyone know if there is a deadline for an insurance company and their insurer to establish liability?

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**A: please explain. Are you asking about liability for an insurance claim?

A car pulled out infront of us, we couldn't see due to a van pulling into the drive the other vehicle was pulling out of. Our car was not drivable and was towed. The other driver did recieve a citation for causing the accident. Their insurance claims department called us the next day and stated they still have to talk to their insurer to establish liability before they make any payments/promises. Accident happened Sunday, today is Wednesday and they still haven't been able to talk to their insurer. As far as I know they won't proceed with the claim until they talk to them.

kilikib60 said:

A car pulled out infront of us, we couldn't see due to a van pulling into the drive the other vehicle was pulling out of. Our car was not drivable and was towed. The other driver did recieve a citation for causing the accident. Their insurance claims department called us the next day and stated they still have to talk to their insurer to establish liability before they make any payments/promises. Accident happened Sunday, today is Wednesday and they still haven't been able to talk to their insurer. As far as I know they won't proceed with the claim until they talk to them.

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Your insurance should be able to help you with this. Although, I'd bet you only have the minimum liability insurance...right?

Keep in mind that today is the SECOND business day since the accident happened (Monday was a holiday). You are way premature.

I have full coverage and they will help me with rental car, however, I am concerned that even though witnesses and police report states it is clearly not our fault that if for whatever reason they can think of limits their liability, it will cause my insurance to go up. I have a hard time with trust.

kilikib60 said:

I have full coverage and they will help me with rental car, however, I am concerned that even though witnesses and police report states it is clearly not our fault that if for whatever reason they can think of limits their liability, it will cause my insurance to go up. I have a hard time with trust.

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**A: you should only be communicating with your own insurance company.

kilikib60 said:

I have full coverage and they will help me with rental car, however, I am concerned that even though witnesses and police report states it is clearly not our fault that if for whatever reason they can think of limits their liability, it will cause my insurance to go up. I have a hard time with trust.

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Congrats on being properly covered. If your insurance goes up, it will be based on the findings of YOUR insurance company, not theirs.

But, the main thing to remember is that you are on the second business day of this adventure. If you don't have a better idea by NEXT Monday, then you would have an understandable reason to be concerned.

Have you notified your insurance company?

Yes, I notified my insurance company the same day as accident, Sunday, and met with him on Monday. I just talked to Utah Insurance Dept. of Consumer Service. They did confirm that if I got a rental car from my insurance company it would count on my claims which could ultimately effect my premiums. She also stated the same as you that with Monday being a holiday that it actually has only been 2 days and depending on my circumstances would effect what would be an acceptable time frame. A week would also be considered an acceptable time frame but there is no limited deadline they have to meet.

You have got to be kidding me.

The insurance company has not only a right but a DUTY to investigate prior to making a liability decision including getting a statement from their insured. They need to make a diligent effort to contact their insured to get that statement. If after 30-60 days of documented efforts to contact him including sending someone to his home to speak with him in person, they are still unable to contact him, they MAY make a decision based on the police report and citation, or they may close the case without payment and force you to file suit.

If you want your car fixed so you can get on with your life, use your collision coverage and let your insurance company worry about getting reimbursed by his insurance. Eventually they will get paid and you will get your deductible back and in the meantime you won't be stuck without a car. Your premiums will NOT be significantly affected by an accident you are not at fault for.

kilikib60 said:

A car pulled out infront of us, we couldn't see due to a van pulling into the drive the other vehicle was pulling out of. Our car was not drivable and was towed. The other driver did recieve a citation for causing the accident. Their insurance claims department called us the next day and stated they still have to talk to their insurer to establish liability before they make any payments/promises. Accident happened Sunday, today is Wednesday and they still haven't been able to talk to their insurer. As far as I know they won't proceed with the claim until they talk to them.

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So a vehicle was turning into a side street/parking lot while another vehicle was pulling out of same driveway? I think you could be found to have some liability yourself because it sounds like you were going too fast to begin with.

Not likely, OP had the right of way and had no duty to see or avoid a car pulling out of a parking lot or driveway.

Not likely, OP had the right of way and had no duty to see or avoid a car pulling out of a parking lot or driveway.

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Unless the poster was inpatient, and moved over into the oncoming lane to go around the slowing car in front of them.....and then smashing into the car coming out of the side drive. It's not clear how many lanes of traffic there were on this street.

kilikib60 said:

A car pulled out infront of us, we couldn't see due to a van pulling into the drive the other vehicle was pulling out of. Our car was not drivable and was towed. The other driver did recieve a citation for causing the accident. Their insurance claims department called us the next day and stated they still have to talk to their insurer to establish liability before they make any payments/promises. Accident happened Sunday, today is Wednesday and they still haven't been able to talk to their insurer. As far as I know they won't proceed with the claim until they talk to them.

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Never heard of a ticket for "causing an accident". I've heard of "failure to control the speed of a vehicle to avoid a colission" and "failure to yield".