- April 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Background Situation
Hey, I was just wondering about the process that goes on behind the scenes.
## Incident Details
Last month, there was an incident where a couple scratched my bumper while attempting to park their car. Fortunately, I witnessed the incident and my partner was also present in the car.
## Steps Taken
We exchanged all necessary details, took photos of the damage, and followed the proper procedures. Subsequently, I filed a claim with my comprehensive insurance and had the damage repaired.
## Current Issue
Recently, my insurance informed me that the other party is denying liability. In response, I provided a detailed account of the events, as well as the photos I had taken, including pictures of the damage and the other driver’s license.
## Potential Resolutions
While it seems clear that the act of exchanging details indicates the other party’s fault, they are now claiming otherwise. It may come down to a situation of my word against theirs.
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****** just grabbed a
“*the act of exchanging details*” does not indicate fault – it is required by law that both parties exchange details. Only the insurance companies determine fault (unless either party takes it to court)
Many minor collisions are “*my word vs the other driver*” – you have to trust the insurance companies believe your description and the photos support your version of the event better than their description.
What happens in the background is pretty basic
They call or write to the other insurer and outline your claim and why they believe the other party is at fault. They either agree or disagree, if they disagree, or actively saying not us they will start litigation in your name (Subrogation) to seek costs that way and enforce payment if needed. If it goes that far you will be made aware of it, but it’s all handled by the insurance company. Very, very rarely you may be called to provide evidence but 99% of time it’s settled
And this is why you have insurance
I don’t understand your logic that exchanging details means they were at fault. Couldn’t they claim the same about you? Didn’t you also give them your details?
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Basically you have to provide details when in an accident by law but it doesn’t automatically mean anyone is at fault.
The other party must have given a different version of events then yours so the incident is under review. Your insurance company will work it out and will let you know of the outcome which includes using any evidence you have provided. Eventually they’ll let you know of the outcome but it’s just a waiting game now.
I had this happen where someone side swiped me with a massive trailer, caused 28k in damage.
Fast forward a month and their party gets the bill, his boss is furious and rings me. I said look it’s his fault and I will be ending this call, talk to my insurance.
I followed up with my insurance and told them what he said. They said they believed me and assured me that I was not at fault, no excess payable.
It was up to them to butt heads with his insurance, legal or whatever.
Rule 1 of insurance, don’t admit fault.
Rule 2 refer to rule 1