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MeriGator | Can an insurance company deny you a claim even if the other person got a ticket? |
Additional Details
The other driver failed to yield the right of way and rear ended my husband.
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mkulda
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Yes, the company can always deny your claim based on the facts.
You may have still be at fault in the accident.
Remember a ticket just indicates that a driver broke the law.
Getting into an accident does not break the law.
Even causing an accident does not break the law.
So you could be just at fault in the accident and if you didn't break any traffic laws, you won't get a ticket. But, because you didn't get a ticket does NOT absolve you from any liability if you caused an accident.
But, if you had collision/comprehensive coverage, your car's damage would be covered if you were at fault.
It sounds as if you may have only had liability coverage, which would not cover you regardless of who caused the accident. |
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mbrcatz
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Yes they can - but your insurance company has to tell you WHY they are denying the claim, in writing.
Liabiltiy for a claim is NOT determined by tickets - it's completely irrelevant.
Usually if someone rear-ends the other person, the guy who does the rear-ending is AT FAULT. That means, even if their insurance company denies the claim, you can still sue them.
If it was THEIR insurance company that denied the claim, there are several reason they could have denied it - you can ASK the adjuster, but he has no obligation to tell you, a third party, why the claim was denied. Some reasons for denial could be: The insurance policy was cancelled at the time of the accident, or the driver was NOT a listed driver at the time of the accident.
Your insurance company should NOT have denied this without telling you why. You should discuss this with your agent, who is paid to explain/intervene with these things. |
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bettyswestbrook
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I use to be an auto P&C adjuster for an insurance company. YES, we can deny for good reason even if the driver got a ticket. For example: suppose you and the other driver are in "road rage" and you pull in front of the other driver and stop suddenly, then we will deny. If we believe you are in an insurance scam, then, of course, we will deny. MY ADVISE TO YOU: is to go thru your own insurance company and have them arbitrate for the damages. Although, you will have to pay your deductible, if your insurance company is successful in arbitration, you will get your deductible back. |
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mamatohaley+1
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Absolutely.
The cop that wrote the ticket was not a witness to the accident. Tickets are irrelevant. |
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chicpower
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Whoever does the rear-ending is ALWAYS at fault no matter the circumstances. No ticket needed. |
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Chief
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Of course. Suppose the other driver got a ticket because his drivers license had expired the day before. That has nothing to do with the question of who was at fault in the accident. It is also possible that the Insurance Adjuster is just being hard nosed with you and an attorney could get your money for you. Everything depends on the facts. |
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Chris
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Not addressing this specific scenario, the ticket has no bearing on a liability investigation by an insurance company. The police decide whether to give a ticket, but not who is at fault. Their investigation is criminal, an insurance investigation is civil. They have two different standards of proof. You used the terms failed to yield the right of way and rear-ended together, but they don't usually go together. I'm unable to say if the claim denial was proper without knowing more, but I can say the ticket means nothing whether one was given or not. |
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