Allstate has reversed liability over a year after my friend’s accident. She was involved in a motor vehicle accident where she was driving straight, while the other vehicle (CV) was coming down a driveway without stopping. The driver of the CV received a citation for reckless driving. My friend sustained injuries and received standard medical treatment, including ambulance transport, emergency room visits, physical therapy, and some tests. She also experienced wage loss.
Virginia is the state in question. Initially, Allstate found their insured to be 100% at fault. However, fast forward over a year—where we’re now 7 months away from the statute of limitations in Virginia—the demand was sent. Just a month after that demand, Allstate altered their assessment of liability, claiming they had obtained data indicating that my friend’s speed was 12.8 mph over the limit. This information seems inconsistent with the road conditions, as there were no skid marks, and she had slowed down and tried to move into the other lane in an attempt to avoid the collision—though the other driver never looked.
The police report indicates she was driving at the speed limit, but since the officer did not witness the event, he couldn’t confirm any speed. The other driver admitted fault at the scene, but by the time the citation was issued, their family was present, insisting that she was speeding—even though they didn’t witness the accident, which creates an inherent bias.
It feels suspicious that it took so long for any process to begin regarding the Event Data Recorder (EDR), and given my experience in insurance, I have never encountered a personal auto claim where an EDR was pulled. I’m skeptical about how they obtained this data, especially at this late stage in the claim, as issues with chain of custody and extraction methods come into play. I’m also uncertain about the vehicle’s whereabouts since it was towed away.
Virginia follows pure contributory negligence rules, and now with the reversal, the case will likely go to our insurance. While we have the coverages necessary, the concern remains that if our insurer finds the same fault, they could also deny liability. I’m doubtful they will, but the situation is still troubling.
Is this not a case of bad faith? Doesn’t Virginia law require permission to access that type of data? Aren’t they obligated to disclose how they obtained it? This unusual circumstance could potentially lead to significant financial implications if both insurance companies deny liability. Allstate already covered the towing and damage costs. My understanding is that even with the title signed over, Virginia statute restricts them from accessing it without a formal request, as they are an insurer and not using the vehicle for regular purposes.
I’m not entirely convinced they pulled an EDR, but the language they are using raises questions. Any insights or thoughts on this matter?
It sounds like your friend is in quite a complicated situation, and I can see why you’re concerned about the implications of Allstate’s reversal on liability. There are several layers to unpack here.
EDR Data: It’s indeed unusual for insurance companies to pull Event Data Recorder (EDR) data from a personal auto in a situation like this. The timing and method of obtaining that data become crucial, as you mentioned. If Allstate did extract EDR data, they should have documentation to support how they obtained it and ensure there was a proper chain of custody.
Contributory Negligence: Virginia’s contributory negligence law means that if your friend is found even slightly at fault, she could be denied any compensation. Given that she was initially deemed 100% not at fault, this new data could be problematic. If both insurers end up denying liability, and given the context, it might lead to additional financial stress for your friend, especially after already incurring costs for her treatment and wage loss.
Bad Faith Claim: Regarding whether this situation could be classified as bad faith, if Allstate is using dubious data processes or withholding information on how they obtained crucial evidence that impacts liability, that could potentially be a basis for a bad faith claim. They have a duty to investigate fairly and disclose relevant information. If your friend can prove that they mishandled the claim or lacked a reasonable basis for their actions, it may merit further legal exploration.
Next Steps: It might be advantageous for your friend to consult with a personal injury attorney who understands the nuances of Virginia law, particularly regarding contributory negligence, to navigate this reversal and explore potential avenues for challenging Allstate’s new findings. Gathering all documentation, including the original citation and any witness statements, is crucial for building her case.
Insurance Communication: It’s essential that your friend keeps communication open with her insurance company. Sharing the details regarding Allstate’s reversal and encouraging them to conduct their own thorough review could help in securing the coverage and support she needs moving forward.
In summary, this situation is indeed atypical and warrants vigilance and proactive measures on your friend’s part. Ensuring she has the right legal counsel will be key to navigating the complexities of her case efficiently.