I live in Missouri. A few months ago, my wife was on her way to work on a single lane road, in the dark. As she turned into a sharp corner there was a hay bale in the road that had fallen off some farmer's truck. To avoid a head on collision with an oncoming tractor trailer and choosing not to steer into the ditch, she hit the hay bale (unable to stop in time) and then stopped without further incident, but it messed up the front of our van. We never discovered who had dropped the hay bale.
So we called USAA, they told us that it was a "no fault" accident, so we turned it in for repair. Now its five months later and they called us yesterday to say that they have ruled that my wife is "at fault" and of course the repercussions that follow.
I asked for them to provide explanation why:
1. The farmer was not available to subrogate (sp?) against him
2. My wife was determined to NOT be in control of her vehicle at the point she made contact with the hay bale
I'm struggling with how this is not a "no fault" accident. Is this any different if you're driving and you strike a deer? Or you're driving in a storm and suffer hail damage?
Thanks for anyone's help.
So we called USAA, they told us that it was a "no fault" accident, so we turned it in for repair. Now its five months later and they called us yesterday to say that they have ruled that my wife is "at fault" and of course the repercussions that follow.
I asked for them to provide explanation why:
1. The farmer was not available to subrogate (sp?) against him
2. My wife was determined to NOT be in control of her vehicle at the point she made contact with the hay bale
I'm struggling with how this is not a "no fault" accident. Is this any different if you're driving and you strike a deer? Or you're driving in a storm and suffer hail damage?
Thanks for anyone's help.