[ponjohn]

Last Tuesday my wife got hit.

Dusk out, raining etc. Other kid did not have lights on, never attempted to stop, I suspect he was on the phone.

She gets hit from the right crossing an intersection, her car was over the centerline by a lot.

She does not get a ticket and I do not know if the other party did. Police report will be available tomorrow.

Our insurance company interviewed my wife on the phone and decided based on her statement we are liable.

They interviewed the other party two days after deciding we are liable.

I got a letter in the mail today from the other persons attorney.

How can an insurance company make a decision based on nothing?

They did not ask for photos of the car. Insurance company said decision on liability is not based on police report ( the only unbiased party).

This sounds really stupid me.

Anyone with experience in this sort of matter?

8100 in damage to car and it has 21k miles on it.

Yes, I am contacting an attorney tomorrow.

[Chris65LeMans]

By the way people in other states talk about hiring lawyers, they must cost $50 an hour. Around here, you can't hire a lawyer to do anything for less than $2,000.

What did the letter from the attorney say? Was anyone injured? Is he threatening to sue you? If nobody was injured, the "who's at fault?" argument is really only over who has to pay their deductible - not a huge deal worth hiring lawyers over. I can give some advice, but need the answers to those three questions. Good luck.

[Pepper Judge]

Your adjuster needs to do a lot more investigation before liability can be assessed.

Was the collision intersection related, controlled, uncontrolled, who had the right of way; witnesses etc.? All of this needs to be factored in as does the police report.

Liability is complex but your insurer owes you an investigation and if nothing else a personal interview and statement from your wife is required. Is she okay?

[Alvin]

Originally Posted by ponjohn

Last Tuesday my wife got hit.

Dusk out, raining etc. Other kid did not have lights on, never attempted to stop, I suspect he was on the phone.

She gets hit from the right crossing an intersection, her car was over the centerline by a lot.

What does that mean? Over the centerline from impact of other vehicle, or?

She does not get a ticket and I do not know if the other party did. Police report will be available tomorrow.

Our insurance company interviewed my wife on the phone and decided based on her statement we are liable.

Did she make any "admitting fault" statement for the Ins Co to assign liability with only a phone interview?

They interviewed the other party two days after deciding we are liable.

I got a letter in the mail today from the other persons attorney.

How can an insurance company make a decision based on nothing?

They did not ask for photos of the car. Insurance company said decision on liability is not based on police report ( the only unbiased party).

This sounds really stupid me.

Anyone with experience in this sort of matter?

8100 in damage to car and it has 21k miles on it.

Yes, I am contacting an attorney tomorrow.

Agree - whole situation sounds odd.

[Jerry H.]

Agreed, it sounds odd. I'm going through all of this now but there is injury involved. I don't know anything about Conn., but I can't understand how liability can be determined BEFORE the police report is available. If the police report doesn't say your wife is liable, get an attorney immediately!

[The Champ]

FWIW - if the intersection was uncontrolled - the person on the right has the "right of way".

This could be why they say your wife is liable - she failed to yield the right of way.

[The Boss]

Regardless of fault, forward the letter to your insurance company. In a lawsuit, they will hire an attorney to represent you and them. I rear-ended a car about 10 years ago and the guy sued, I never went to court (although we were supposed to - but that's another story), the insurance company settled with them.

[2002Z4CSS]

Insurance companies think they know more than the experts.

[Judge273]

When you involve a insurance claim they make the decisions on all matters whether you like it or not.

Lucky everyone is ok!

[Alvin]

Originally Posted by 2002Z4CSS

Insurance companies think they know more than the experts.

.

[3tas4me]

Originally Posted by 2002Z4CSS

Insurance companies think they know more than the experts.

They are the experts, they deal in it every day. There is information missing on this case, I guarantee it. I was an adjuster and manager in this industry for over 16 years. Liability can vary from state to state depending on the state laws. Police reports are not the final say, nor should they be because the police are called after the accident and usually only place one side of the story on the report. You need independent witnesses otherwise it is going to be the wifes word against the other driver. Too many variables and unknowns here to make any decision. I would most definetly contact the adjuster and get an explanation as to what has happened and why up to this point.

[cuz68]

I am glad that everyone is ok, This is strange to me who was on the phone?

[The Champ]

Originally Posted by 3tas4me

They are the experts, they deal in it every day. There is information missing on this case, I guarantee it. I was an adjuster and manager in this industry for over 16 years. Liability can vary from state to state depending on the state laws. Police reports are not the final say, nor should they be because the police are called after the accident and usually only place one side of the story on the report. You need independent witnesses otherwise it is going to be the wifes word against the other driver. Too many variables and unknowns here to make any decision. I would most definetly contact the adjuster and get an explanation as to what has happened and why up to this point.

I agree 100%. The insurance companies have to deal with the laws. The law determines fault.

As I posted earlier - the key piece of information (from the sketchy info given) is that she was hit on the right side.

If this was an uncontrolled intersection - then she failed to yield the right of way and is liable.

[Alvin]

Originally Posted by ponjohn

Last Tuesday my wife got hit.

Dusk out, raining etc. Other kid did not have lights on, never attempted to stop, I suspect he was on the phone.

She gets hit from the right crossing an intersection, her car was over the centerline by a lot.

She does not get a ticket and I do not know if the other party did. Police report will be available tomorrow.

Our insurance company interviewed my wife on the phone and decided based on her statement we are liable.

They interviewed the other party two days after deciding we are liable.

I got a letter in the mail today from the other persons attorney.

How can an insurance company make a decision based on nothing?

They did not ask for photos of the car. Insurance company said decision on liability is not based on police report ( the only unbiased party).

This sounds really stupid me.

Anyone with experience in this sort of matter?

8100 in damage to car and it has 21k miles on it.

Yes, I am contacting an attorney tomorrow.

Well John now that you have all of our "expert insurance" input I'd like to say no matter the outcome don't throw your wife under the bus! Fortunately, based on info given, she was unhurt. And as often said on these forums "it's only a car" that can repaired and/or replaced.

I've highlighted your OP to note:

It was dusk (near dark)
- Raining
- Other vehicle no lights on
- Other vehicle no attempt to control vehicle
- Suspect he was on cell phone

Do your local laws mandate your turning on headlights when rain and @ dusk?
Same with windshield wiper laws during rain?
Attny could pull other party's cell logs to verify if they were texting, face booking, etc. which these days is a well documented cause of accidents and death.

Your Mrs wasn't ticketed. You know that for sure. IMO - just because "an adjuster" made a verbal statement that your Mrs "was at fault" that doesn't mean it is the final decision cast in stone. Regardless of "the laws" that state that one op way or the other.
Ex: if the other driver was texting/face booking while driving in an inattentive state that can be similar to drunk driving .

It took at least two parties to create this accident. Your wife wasn't ticketed for being "at fault" by the on scene police, so no matter IMO the fault is still open for negotiation.

I'd be of the mindset that the insurance company simply wants to assign blame and move on with "their" least amount of time and expenditure. I'd also do homework and review your policy contract and demand the representation by YOUR insurance co you've paid for.

And whatever YOUR atty advises is the best plan of action.
Ex: Other party and insurance co could "settle out of court" at the last minute if their driver was texting, or at fault.

Best of luck. Keep us posted.

[Ben M.]

Listen to what Alvin says. My experience with wrecks and whatnot lately have mirrored his. That the police did not ticket your wife is a pretty decent case against the other driver (but they didn't ticket him either) combined with him having no lights or not even attempting to stop (distracted driving). I've not been in Connecticut for a few years but I believe they have laws about headlights on in the rain\dusk and distracted driving (similar to California's laws).

[stellar]

Don't count on the Police report. The report in my last accident had many errors. Posted speed limit was wrong as well as direction of travel by the other driver and location at impact. I was lucky because the other driver addmitted fault.

[Ollie]

Police can issue a ticket later and send it in the mail

[Pepper Judge]

Originally Posted by stellar

Don't count on the Police report. The report in my last accident had many errors. Posted speed limit was wrong as well as direction of travel by the other driver and location at impact. I was lucky because the other driver addmitted fault.

Police reports can contain mistakes but they can be a starting point. If there are conflicting versions it is typical that no charges are laid.

Agreed: an independent witness would help with the liability assessment, if there was one but they too can report misinformation.

The initial claims rep who answered the phone may have been looking at the physical damage aspect and assessing if the deductible was to apply. Liability is a more complex analysis and a qualified adjuster has to look at all available information, driver accounts, witness details, accident scene, physical damage etc. They use the police report as a reference only and work to verify information from there.

[Half-Inch Stud]

was there a traffic light?

[The Boss]

Originally Posted by Ben M.

Listen to what Alvin says. My experience with wrecks and whatnot lately have mirrored his. That the police did not ticket your wife is a pretty decent case against the other driver (but they didn't ticket him either) combined with him having no lights or not even attempting to stop (distracted driving). I've not been in Connecticut for a few years but I believe they have laws about headlights on in the rain\dusk and distracted driving (similar to California's laws).

State law in CT...If your wipers are on your headlights MUST be on regardless of time of day.