Archive for the 'Fault' Category
Insurance adjuster makes settlements based on their investigation about the facts. In many cases, adjusters will assess liability against their own insured if they believe their insurance is at fault.
Seldom adjusters will determine that they should settle a claim for 100% liability so they do not trigger “other issues”. For example, paying someone 100% of [...]
April 29th, 2008 | Posted in Fault, Investigation, Negotiation | No Comments
Do you have a question? Do not want to hire an attorney to give you answer? And the insurance company is giving you the run around?
We had several inquiries via email per day! We realized that we needed to open the forum to questions. We are writing this site as fast as possible, but it [...]
April 10th, 2008 | Posted in Car Damage, Fault, Injury Claims, Insurance Companies, Investigation, Negotiation, Property Damage, The Auto Policy, Total Loss | Comments Off
The duty of good faith and fair dealing applies to all insurance companies and in the United States. They have duties codified in every state statutes. All states are very similar since these duty arises the same place, the second restatement of contracts.
There are duties that insurance companies must fulfill when dealing with the public. [...]
March 18th, 2008 | Posted in Car Damage, Fault, Injury Claims, Insurance Companies, Investigation, Negotiation, Property Damage, The Auto Policy, Total Loss | No Comments
The answer really is depends. Going to arbitration is a cheaper alternative than going court. The down side is that most arbitration awards are no appealable (meaning if you lose, you lost). So in many ways this can be a complete gamble.
Arbitration is almost a guarantee when there is a dispute between two insurance companies. [...]
March 6th, 2008 | Posted in Fault | No Comments
Insurance companies follow a simple formula to find out who is at fault. The formula is Duty + Breach +Causation + Damages = negligence or fault.
Insurance carrier follow court decision that tells them the elements necessary to put negligence on someone. The first element is duty.
Everyone behind the wheel of the vehicle has a duty [...]
February 26th, 2008 | Posted in Fault | Comments Off
Any time that there is an accident, evidence will be collected so coverage and fault can determined. This evidence consists of photos, police report, and statements. The accident investigation can take a long time and many adjusters cut corners. You need to make sure that all the necessary steps are taken before they put [...]
February 26th, 2008 | Posted in Fault | Comments Off