Car Accident Arbitration – Seeking Advice
Location: Cook County, Illinois
I recently found myself in a car accident that I believe is a clear case of fault. I was stopped at a stop sign, behind the white line, waiting to make a left turn when another driver made a left turn onto my road and collided with my vehicle head-on.
After the crash, I approached her vehicle in a calm manner (though I was understandably upset) and inquired how she didn’t see me. She explained that she was distracted by her daughter and admitted fault for the incident.
I contacted the non-emergency police to report the accident and exchange information. When they arrived, they took our statements, and the report confirmed that I was at the stop sign, while the other driver admitted to not seeing me and hitting me. The report also noted that I was not obstructing any lanes.
Initially, I thought this would settle easily. However, I recently learned from my insurance that the other driver’s insurance is now denying liability and claiming I am at fault. This change comes after she reported to her insurance that I was in her lane and didn’t give her enough room to turn—despite her earlier admission and the police report stating otherwise.
Additionally, the other driver’s husband contacted me the day after the accident to apologize and offered to pay for repairs out-of-pocket to avoid raising their insurance rates. I didn’t respond and chose to file a claim with my own insurance. I suspect this may have upset him, leading them to alter their story.
I have obtained a copy of the police report and am currently waiting for body cam footage that will support my case by showing her admission of fault. I’ve also saved the text from her husband as further proof of their acknowledgment of guilt.
I understand that the insurance companies are now reviewing this evidence and will present their findings to a third party to determine fault. I’m curious if there are any additional steps I can take. Can I pursue action against the other driver for providing false information to her insurance? Will this be addressed during the arbitration process? The other driver’s insurance claims to have conducted a “careful investigation,” but I doubt they’ve obtained the police report.
Lastly, what are the chances I will win this arbitration case, and is there anything further I should do to strengthen my position?
Any advice would be greatly appreciated!
It sounds like you’ve been through a frustrating situation, but you’re taking the right steps to protect yourself and your interests. Here are some insights and suggestions based on your circumstances:
Arbitration Process: You’ve correctly outlined how the arbitration process works. Both insurance companies will present their evidence to a neutral third party who will make a determination of fault. It’s essential that you compile all the evidence you have, including the police report, body cam footage, and text messages, as these support your claim that the other driver is at fault.
Fraudulent Reporting: If you believe the other driver is providing false information to their insurance company, you technically could pursue a claim for fraud; however, it may not be practical. Fraud cases can be complicated and expensive to prove. It’s typically handled through the insurance claim process rather than taking legal action against the driver.
Communication with Insurance: Keep your insurance company informed of all developments. Make sure they have all your evidence, including the police report and any communications you have had with the other driver and her husband. This will help them counter the other driver’s insurer effectively.
Involvement of Legal Counsel: Given the complexities of the situation and the potential for ongoing disputes, consulting with an attorney specializing in car accidents or insurance disputes may be beneficial. They can provide tailored advice and represent your interests, particularly if the arbitration does not resolve in your favor.
Likelihood of Winning Arbitration: While it’s difficult to predict the outcome, your chances appear favorable because you have an official police report that supports your claim. The fact that the other driver initially admitted fault and that you have additional evidence, like the text messages, strengthens your position.
Maintain Records: Continue documenting everything related to the accident. Keep records of any communication with the insurance companies, medical bills, and any other relevant information.
Stay Patient and Persistent: Unfortunately, these processes can take time. Be patient but also persistent in following up with your insurance company about the status of the claim and the arbitration process.
In conclusion, keep building your case with all available evidence and consider legal representation if necessary. You’re on the right track, and with proper documentation, you have a strong position going into arbitration. Good luck!