One accident or two for Insurance coverage purposes

Business 3 views 5 answers
My parked car was hit by an errant/possibly drunk driver. who then hit another car a 100 yds away. The insurance company says it has a loss damage limit per accident and these two were ONE accident so they want to apportion the loss. I think they are two separate accidents and the loss should not be apportioned.

Attorney Answers

5
Slavik Leydiker ·
Unfortunately, this may very well be a single accident as defined in the policy. If the policy limit will not cover the damage to both vehicles, you will need to the driver for the difference. I suggest you speak to an attorney if that's the case. The attorney will be able to do an asset search to make sure that the driver is not judgment proof. Good luck.
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Joseph Huprich ·
The answer will absolutely depend on the language of the insurance contract. You need to get your hands on it and get it to an experienced insurance coverage attorney (search for "bad faith" insurance attorney in your area). The issue is first and foremost, a contractual one. If the policy is unclear, then a judge can decide it.
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Robert Kopelson ·
I think the ins co will likely win that argument. If the cars were not far from each other when hit, or there was not much of a gap in time between the hits, it is probably one accident. If one car was on one block and the other 2 blocks away, I think there are 2 accidents. If you have collision coverage, have your company fix the car, and ask the other company to reimburse your deductible to you. You can also make a claim for loss of use/rental car if your car isnt driveable or has to be in the shop for repairs. You do not have to sign a release and accept less than the full amount of your proerty damage. You can sue the owner and driver for the property damage. Small claims court lets you sue for up to 10,000.00. Contact the police and DA's office. If he is prosecuted for DUI and convicted, you have a right to restitution for your economic damages. That can be ordered in the criminal case. Having it ordered or getting a judgment in small claims court do not automatically mean you will be paid. Good luck.
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Janice Hugener ·
Insurers frequently apply the "causation theory" when determing whether multiple claims arise from one or multiple accidents. Under this theory, a single uninterrupted course of conduct gives rise to a single accident notwithstanding the number of collisions actually involved. A key factor in this analysis is how close together -- temporally and geographically -- the collisions occurred. Thus, under the facts stated in your post, it is not at all surprising that the insurer found there to be one accident. But that doesn't necessarily mean the insurer is right. To double check the insurer's analysis, ask for a copy of the policy at issue and read the provision entitled "Limits of Liability" -- it should either be part of the insuring agreement or located in the Terms and Conditions section. If the insurer refuses to give you a copy of the policy (which is entirely likely if you are dealing with the adverse driver's insurer), ask it to state its position in writing and quote verbatim the policy language it is relying on. If you have underinsured motorist property damage coverage, make sure to self-report to your insurer so you can be made whole in the event the other insurer apportions loss. The two insurers can then battle over the number of accidents involved and the apportionment of loss.
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John Kitta ·
You certainly have an interesting situation. If there were any witnesses, this would be helpful. If the vehicle struck your car, went into a spin and did not regain control of the vehicle, and then struck another car 100 yards away, it could be argued that it was one accident involving multiple vehicles. The real facts is probable that the driver hit your parked car, attempted to evade detection, and thereafter struck another vehicle. I certainly would not agree with the insurance company's interpretation of events in their favor. As a starting point, I would certainly obtain a copy of the police report and see if there is any indication regarding their position. If not, you may want to contact the investigating officer and see what he or she has to say. Whatever you do, don't let the insurance company interrogate you. They are highly trained professionals to use best efforts to not pay on claims. I hope this has been helpful.
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