Accused of hit and run 17 months later

[DarkCoffee]

CALIFORNIA.

Husband was in a collision 18 months ago. He pulled over and checked on the other driver. They both were ok - no apparent injuries - and both (BIG BIG BIG MISTAKE) decided not to "involve" the insurance companies because "minimal damage". Second mistake -- he didn't take pictures of the other driver's car or his license info but the other guy probably took a photo of his license plate. Other driver is now back, having raised a claim against the owner of the car that "an unknown driver driving that car jumped into his lane" and then "fled the scene without bothering to check on him".

My husband's version is that he was changing lanes as he had been stuck behind a big truck for a while. He finally decided to switch lanes and his lane change indicator did NOT flash meaning it was safe for him to change. As he was changing, the other car showed up suddenly and the cars made contact. He pulled over and did NOT flee the scene as is being false alleged by the other guy.

1. EVEN THOUGH the claim was not reported by the insured on time (again, horrendous mistake), will the insurance company still have to do their own investigation to determine fault? Or can they just deny the other driver's claim without making a determination of fault because hubby didn't report the accident on time, and the other driver's insurance only notified them of subrogation 17 months later?

2. Based on what the adjuster told my husband, he may be at least 50% at fault if the accident happened while he was changing lanes. The other guy ran into him and then lies it was a hit-and-run - why should he get away with this? Should he file a claim against the other party now?

3. We don't know the extent and scope of the damages he is claiming. According to our adjuster, other party's insurance has just submitted a notice of subrogation to our insurance. Hubby didn't fix the car and I sent photos of the car as it is to the insurance adjuster. Are adjusters able to match our photos with the other guy's damage claims and determine if they make sense (as in, determine if the other guy is not trying to pass off unrelated damages as caused by my husband)?

4. Finally, IF insurance denies the other party's claim and he sues us, can our insurance deny their duty to defend because hubby STUPIDLY did not report them on time? This would force us to hire our own attorney and would destroy my family's finances.

Please please be kind in your response. Yes, he's learned his lesson and we are getting a dash cam installed from now on. He won't be stupid again and will promptly report any future mishaps to insurance asap. I just need peace of mind for this case and request any help / advice you can give me. Thanks.

 

[adjusterjack]

This is your husband's accident. It's his duty to call his insurance claims department and report what happened.

He will be assigned an adjuster who will discuss with him all of the questions you asked here.

I would not want to guess as to the practices of any insurance company.

My advice for the future is never rely on your vehicle's "intelligence." Always look before you move and then look two more times.

 

[Taxing Matters]

His delay in reporting it to the insurance company probably will not allow the insurer to get out of paying the other driver's claims. State insurance laws, especially in CA, are not going let insurer off the hook that easily. But it may affect how it affects the insurers payment of your husband's claims.

 

[DarkCoffee]

This is your husband's accident. It's his duty to call his insurance claims department and report what happened.

He will be assigned an adjuster who will discuss with him all of the questions you asked here.

I would not want to guess as to the practices of any insurance company.

My advice for the future is never rely on your vehicle's "intelligence." Always look before you move and then look two more times.

Hi, I absolutely agree with you that he should have been more careful.

He did send a written statement to the adjuster, rebutting the other guy's claim that he "fled the scene" of the accident. It is this claim that I am most worried about. Is this grounds for his insurance company to drop him?
Do you have any advice for him here?

Also, how does subrogation work? If they paid the other person's claims, does it mean the other guy timely reported the accident and the insurance then took 17 months to subrogate the claim? Thanks!

 

[DarkCoffee]

His delay in reporting it to the insurance company probably will not allow the insurer to get out of paying the other driver's claims. State insurance laws, especially in CA, are not going let insurer off the hook that easily. But it may affect how it affects the insurers payment of your husband's claims.

Hi, he will not be making a claim - we can fix our car ourselves. We just never got around to it out of sheer laziness and also because we will be donating the car (which is also why he initially didn't bother to get the other guy's insurance info). In a way, it worked for us because if we'd fixed the car, we would not be able to give the adjuster pics of the damage.

My question is this -- how did the other driver's insurance pay his claims? Is it possible that he drove home, called his insurance right away (after telling my husband that we should have it ourselves) and lie that the other guy hit and ran? Can an insurance company take 17 months to subrogate claims?

I am also concerned that he may be dropped by the insurance for this? if they deny paying the other guy's claims and gets sued, can our insurance company refuse to defend him for not reporting the claim on time?

Thanks.

 

[stealth2]

I'm not knowledgable wrt insurance at all, but this had me curious:

his lane change indicator did NOT flash meaning it was safe for him to change.

So, the car has a sensor to indicate if it is safe to change lanes. Did hubby rely on that without checking himself? (Am I aging myself? I'm an "old-school" driver who does without the bells and whistles and just checks over my shoulder.)

 

[Zigner]

Just to be clear, even per your explanation, your husband is at fault for this accident.

 

[zddoodah]

will the insurance company still have to do their own investigation to determine fault?

Its own investigation. Yes.

can they just deny the other driver's claim without making a determination of fault because hubby didn't report the accident on time

It can do that, but it would be illegal.

Based on what the adjuster told my husband, he may be at least 50% at fault if the accident happened while he was changing lanes. The other guy ran into him and then lies it was a hit-and-run - why should he get away with this? Should he file a claim against the other party now?

I don't really understand the first question here. Sounds to me like a 50/50 liability situation, so I don't know what you think anyone is getting away with. If your husband wants to make a claim against the other driver, that's up to him.

Are adjusters able to match our photos with the other guy's damage claims and determine if they make sense (as in, determine if the other guy is not trying to pass off unrelated damages as caused by my husband)?

Yes.

IF insurance denies the other party's claim and he sues us, can our insurance deny their duty to defend because hubby STUPIDLY did not report them on time?

Yes. More likely, however, the insurer would undertake the defense subject to a reservation of rights.

He did send a written statement to the adjuster, rebutting the other guy's claim that he "fled the scene" of the accident. It is this claim that I am most worried about. Is this grounds for his insurance company to drop him?

The hit & run allegation is of little relevance to the liability issue, and your husband's failure to report the accident in a timely manner is all the reason the insurer needs to drop him (which isn't to say the insurer will do that, but it certainly would be a valid reason to do so).

Also, how does subrogation work? If they paid the other person's claims, does it mean the other guy timely reported the accident and the insurance then took 17 months to subrogate the claim?

I doubt you want an explanation of how subro works. All we know is that, at some point in time, the other driver made a claim against his policy, that his insurer paid the claim, and that his insurer is now seeking to subrogate against your husband and his insurance.

how did the other driver's insurance pay his claims?

Probably by writing a check to a body shop.

Is it possible that he drove home, called his insurance right away (after telling my husband that we should have it ourselves) and lie that the other guy hit and ran? Can an insurance company take 17 months to subrogate claims?

Yes and yes.

 

[Zigner]

I don't really understand the first question here. Sounds to me like a 50/50 liability situation

The OP's husband performed an unsafe lane change in front of another vehicle, causing that vehicle to collide with him. That sounds to me like it's 100% the fault of the OP's husband.