Mine and another vehicle were hit by a teenage driver who lost control on an icy road and slid across the turn lane and into oncoming traffic while attempting to avoid another vehicle that had pulled out in front of them and then left the scene. There was no contact between the teenage driver who lost control and the vehicle that pulled out in front of them. There was a police report made, but the police were going to look for the driver that started the chain reaction and did not cite the teenage driver that lost control. I am insured by State Farm and, coincidentally, the teenage driver that lost control is as well. However, I only have liability insurance on my fairly old vehicle and the State Farm entity representing the teenage driver who lost control is denying liability saying they are not at fault. I also have an "uninsured motorist" policy that covers when the party deemed responsible for an accident leaves the scene....I assumed that would apply here. However, initial response from State Farm entity representing me is that this does not apply since the driver who left the scene did not make direct contact with me. So here is the way I see this. One State Farm entity is saying that the teenage driver who lost control and slid into my lane is not liable since they were forced into my lane by a driver who left the scene and that person is liable. At the same time, another State Farm entity is saying that the driver who left the scene is not liable for my damages either since they did not make contact. So aren't they essentially saying that the teenage driver who lost control and slid into oncoming traffic is liable? It seems to me that State Farm is in a Catch22 and attempting to get out of paying is a blatant double standard on their part. Does anybody have any input on this? What types of questions should I ask State Farm? Also, how common is it that the driver who lost control and hit me is 100% not liable?
Like a Bad Neighbor - Uninsured Motorist Policy
- Thread starter TJC1
- Start date
- 2,303
Looks like you are in the Catch 22, not State Farm. You do not have collision coverage on your vehicle so their Claims department is not going to go out for you. If the police report does not state that the other driver is at fault and they have not caught up to the person who might have caused the accident it is not going to help with your Claim either. It's a chance you take when you go with liability only and no different than if you had been the at fault party.
Yeah, and if that is the way it actually ends up... that is total BS. It would be different if they ran into each other, and no fault was assigned. The car was parked, kid ran into it... regardless of why it happened, its his fault.
- 2,303
State Farm reserves the right to defend the teen-ager and his statement about the other vehicle in the same manner that they would accept your statement and defend you. the police can assign no fault because they have a statement that another driver caused the accident and nothing to counter that statement. You will not collect if you sue the other driver because State Farm is obligated to defend him. If they had collided, and the teen's car hit yours, and yours hit another, the initial phantom driver could be held liable for all damage. I don't see anything here but State Farm digging in their heels as far as your damage is concerned; no coverage, no claim
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