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False allegation on my car accident, months after the case is closed.

Troy, MI |

I ran into a car accident, total loss, early this year. The accident was because of terrible road condition and I went into the ditch and hit a tree, not hitting anybody else on road. When I came out my car, immediately, I saw that the there was another accident of the cop's car near the scene. I got a 2 points basic violation ticket. Nothing else mentioned in the ticket.

Few days ago, this month, I got a call from the claims dept saying they got a notice from the Police Department that I was responsible for damaging the cop's car. I denied this allegation.

Couple of months ago i discontinued that insurance company and took from other one

Since I am not with that insurance company anymore, how this case will be handled? I am 100% sure I did not hit anyone apart from hitting tree.

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Attorney answers 6

Posted

The police vehicles have video cameras. Ask for the video footage. That will clear up what happened. Work with your old insurance company on this. Even though they don't provide current coverage for you anymore, they won't want to pay if they don't have to.

Asker

Posted

Thanks for the reply. I didn't understand one point in your comment, ".. they won't want to pay if they don't have to. ". Please elaborate this. As far as cop car is concerned, I thank you again for sharing that they have video cameras. However, the cop's car back portion was damaged. I don't know if they would still have the footage. But yes, it is good to know.

Shoshana Kunin-Leavitt

Shoshana Kunin-Leavitt

Posted

Sure. I mean your prior insurance company. They are providing coverage for this loss. But they will happily side with you if they have proof. As for the video, you should still ask for it. Sometimes it is dual footage, meaning it tapes the front of the vehicle as well as towards the back.

Posted

The insurance policy that was in full force and effect at the of the alleged accident should handle the matter. Cooperate with the insurance company on all issues.

Asker

Posted

Thank you Richard. Appreciate it.

Richard Todd Rosenstein

Richard Todd Rosenstein

Posted

You're welcome. Good luck.

Posted

Auto insurance is considered occurrence based coverage ( which says the insurance you have in place at the time of the occurrence happens applies) as opposed to claims made coverage (which requires insurance in place at the time a claim is made). Accordingly you must make a claim through the insurance company you had in effect at the time of the occurrence, not your current carrier. Don't delay as doing so may give the former insurer a coverage defense, and reserve rights to defend you or cover any losses. Don't assume because you don't remember or believe you hit the police car, thus will go away, let the old insurer do their contractually obligated job.

LEGAL ADVICE: Unless you have retained me as your attorney, and I am currently engaged by you and providing you with legal advice and services, nothing in this post is intended to be, nor may it be construed as, legal advice.

Asker

Posted

Thank you Glenn. My car was a total loss and while making a claim for my own car I clearly explained them that I didn't hit anybody and neither anybody hit me. I just went and hit a tree straight away. I have no clue from where this allegation is coming from. Had it been a hit to a cop's car, don't you think the cop would write that on my ticket? I am going to get a copy of my Driving record history. I had the full comprehensive coverage including gap coverage and things like that. Yes, I will cooperate with them.

Glenn Jay Holzberg

Glenn Jay Holzberg

Posted

You sound in the right and you should let the insurance company fight your battle, and if they won't hire your own lawyer to pressure them as they have a clear duty to both defend and indemnify you from potential losses and protect you from exposure above your policy limits. Good Luck

David A. Papa

David A. Papa

Posted

Great answer.

Posted

You should report this claim to the insurance company you had on the date of the crash. Let them handle it. You should cooperate as much as possible with them.

Asker

Posted

Mr. Donald, I already reported them. I had a total loss and that claim is closed, already. On the accident scene, there was a cop's car which was already damaged due to an accident. It was not certainly because of my car. Associated to this accident, after approx 10 months, my old insurance company is saying that Police has reported that a police's car was damaged because of my car. It doesn't make any sense to report/claim something for which I am not even responsible. In this case what do you think my next step should be?

C. Donald Briggs III

C. Donald Briggs III

Posted

Your next step should be to let your insurance company handle this.

Posted

It sounds like the insurance company is saying that your speeding was the proximate cause of the accident. You could fight the speeding ticket. Then, you would understand the cops claim better. If you have full collision, they have to pay anyway. Now you have a new insurance company. Good Luck!

Posted

Turn it over to the insurance carrier you had during the time of the accident to resolve

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