Insurance fault determination rules - help!

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Old 02-21-2005, 05:30 AM
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Default Insurance fault determination rules - help!

My brother in law was backing slowly out of his driveway and got rear ended by a truck that backed into him. The truck was ploughing the opposing driveway.

The driver has accepted fault but as far as I know, if he goes through insurance, they will apply their own fault determination rules.

Is there any chance my bro in law gets dinged with 50 fault?
Old 02-21-2005, 05:34 AM
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Default If you get the other party to sign something in writing that is their fault...

You will be able to provide this to your insurance company. You will still have a record of being involved in an accident, but you will not be penalized for making a claim and will have no fault assessed.
Old 02-21-2005, 06:50 AM
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Default

Unfortunately, my understanding is that anyone who is backing up is at least partially at fault.
Old 02-21-2005, 08:16 AM
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Default Does it really matter that much?

Respective insurance companies will pay for their respective clients' damage, and both premiums will rise as a result of a claim.

$4.5bil profit doesn't just grow on trees, ya know.
Old 02-21-2005, 08:54 AM
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Default Yes. Your premium doesn't rise if you're not at fault

unless it becomes a pattern
Old 02-21-2005, 09:24 AM
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Default The appearance is shared blame if both were backing up. One approuch is to settle the claim without

invloving the insurance companies. Your b-in-law could ask the truck driver if he wants to pay for the damage himself and not go through insurance companies. Play up the "I'm a good guy angle" and offer to get a couple of repair quotes but say, that for his peace of mind, he thinks its fair that the truck driver sign something that says he agrees to pay for the repair. If the truck drivers signs and then refuses to pay, he would then take it to the insurance company to handle.
Old 02-22-2005, 03:43 AM
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Default Actually, the damage is on his rear left, not the back

He had pretty much completed his backup and was turned and on the street. I think as long as he says he was driving forward it will be alright.

The problem with the plough is that the driver was just an employee of the company that owned it.
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