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Head On Collision Claim Denied

Having a dispute with a tenant or landlord? Rental Law discussion

Head On Collision Claim Denied

Postby alcander84 » Sat Dec 03, 2016 1:10 am

Hello. This is my story. I was at a stop sign and I saw a car coming far to my left.. well far enough to safely turn left. I completed my turn and I was in my own lane.  I had not gone very far when I saw the car come over the line and hit me head on on the passenger side. Then, she continued on into a fence. I had time to make the turn and then when I saw her coming toward me, I stopped my car as to not make the accident even bigger.  The officer did not give anyone a ticket, but told me that it was not my fault. The tow truck man heard him say it and when I asked how much it was going to be to tow my car, he said, "Don't worry about it, you won't be the one paying for it." Well, after giving statements to the insurance of the other driver who hit me and after they reviewed the police report, the agent called me and said they were accepting liability for my claim. She then set me up in a rental car. A few days later, a new agent called me and said she was taking over and she was denying my claim and took away the rental car. They did pay for the rental for the few days that I had it... She told me that there were 67 feet of skid marks on the road which proved that the other driver braked to avoid hitting me, but she came into my lane.  We did go and investigate the area and there were no skid marks at all. So, when I called her back, she denied saying that(she also said the same thing to my mother.) Also, the trooper talked to me and said the accident was not my fault and the other driver was at fault for going left of center and she was inexperienced with only her permit. Then the insurance lady told me she had decided to deny my claim.. Next(about 3 weeks after the accident) the other driver filed a claim against my insurance. They denied her by doing an investigation and believe she just over reacted in that curve and came into my lane and hit me.  The insurance lady said she talked to the trooper and he agreed with her, but I talked to him later and he said he did not agree with her at all. He said they had a totally different opinion of what happened.  The lady was very rude to me and I don't feel it was right to give me the peace of mind that they were accepting liability and then taking it back. So, I have filed for a review and an appeal with them. They said the case is in arbitration and they will not let me come and testify for myself or take any statements from the tow man or the officer. What can I do? I am very upset about this. Thank you in advance. Also, I am in NC and there is a 1% fault law.. I was not at fault at all and I don't think they should be able to accept my claim and then deny it later on. Thanks again, Sheatina

ANSWER: Hello Sheatina,

Thank you for your question and the opportunity to answer it.

From your description of the collision, it sounds like you were not at fault and the other driver was at fault for crossing over the center line.  Since you are in North Carolina, they use Contributory Negligence, which(as you mentioned), if you are in any way at fault, even 1%, you are barred from recovery.  But from your description of the accident, it does not sound like you were even 1% at fault.

If the case is in arbitration, that is good.  I serve on one of the arbitration panels in Texas.  A trained, licensed adjuster will review the claim and make an impartial decision as to fault.  Since the other driver crossed over the center line, I would think there is a good chance your insurance company will win and you will be paid for your damage.

They are correct, you are not permitted to be present or to present any evidence such as your testimony at the hearing.  Hopefully, your insurance company included that evidence in their submission, as well as a statement from the tow driver and the Police officer who stated you were not at fault.  

If you want me to, I can check on the arbitration case and provide you more details about what each side presented as evidence, etc.  If so, I would need your insurance company name and the claim number.  That should enable me to check on it.

Hopefully this will turn out well for you in arbitration and you will get paid.



---------- FOLLOW-UP ----------

HI David, Thank you so much. Actually, I forgot to mention I am writing this letter on behalf of my daughter, Shannon Kelly. Her policy number is APM3640090  She is with Farm Bureau insurance. Our adjuster is Kara Seagle. I am not sure if they are using the tow truck man or the trooper's actual testimony as the agent said the trooper said something entirely different than what he said to us.  When we talked to him again, he again stood firmly on our side. Would it help if I go take videos of people turning in that curve and showing how it is? They did not even visit the crime scene. I am not sure if our insurance is going to arbitration since we have no collision coverage.  Kara's number is  and the other insurance(who we are filing a claim against is Eerie insurance claim number 131652. What else can we do? Do you have a website? Thanks so much. Blessings, Sheatina

ANSWER: Hello Sheatina, Thank you for the additional information.  Unfortunately I was unable to locate a hearing based upon the information you provided.  Do you know the date of the accident?  If so, I can search it that way.  Also, in what name is the policy, your daughter's?

Or, it may be as you said, it has not gone to arbitration.

I doubt it would help at this late date to go and make any video of the area.  

Sorry, I do not have a website.

The best you can do at this point is to insist to your insurance company that you were not at fault.  Perhaps even get a statement from the tow truck driver, if that is possible and send it to your insurance company.


---------- FOLLOW-UP ----------

Hello again.  The accident was 1/28/11 in Mt. Holly NC.  The policy is in our name, Jesse and Sheatina Sparks .. She is on our policy. The Erie insurance is located in Raleigh NC if that helps.. thanks so much, Sheatina
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Head On Collision Claim Denied

Postby Makis » Sun Dec 04, 2016 7:23 pm

Hello Sheatina,

Thank you for the additional information.  I searched the Arbitration Forums site and did not find your claim there.  I do not believe it has been submitted to arbitration.

If you cannot get any satisfaction with the other carrier, I would suggest you speak to an attorney.  From the information you gave me, it sounds like the other driver was 100% at fault.  You should be able to find an attorney to take the case on a contingency basis.  Hopefully an attorney can get the money you deserve.

I hope this helped.


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