My husband was in an accident a few days ago. He was entering the highway off an entry ramp. The other driver was going straight across the highway and didn't see him at first. Once she did, she stopped in the middle of the highway, blocking any clean escape. His choices were hit her or hit a guardrail. He chose to hit the guardrail, of course damaging our car but not touching hers. No citations were given to either party. She did admit fault on sight, I don't know if its on the police report. We were told to contact our insurance, which we did. Here is where I start to get confused. After explaining what happened to our insurance they pushed us to file a claim. They immediately determined that the other insurance wont take liability because of "Faulty Evasion." From what I understand as a driver if you can avoid hitting another vehicle you should. Shouldn't our insurance be pushing the other insurance to take liability?
We then spoke with the other drivers insurance, we found that she had already started a claim. However, her insurance is now avoiding speaking to him. I don't know if we should be aggressive (professionally of course) or not.
It is my understanding that vehicle 1 and vehicle 2 must actually have physical contact - no matter how small- or there is no valid claim for damages from a related contact -- such as a guardrail.
-Marion W. Cain Law Offices of Marion W. Cain, P.C. This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship.
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