Wife was in a fender bender in Colorado. She was passing another car. The other car turned left into my wife's car. The other did not signal and the driver was on the cell phone. The other driver did not know there was another car in the vicinity. No one was hurt, but both cars banged up. The other driver did not admit to the insurance company that she didn't signal or was on the cell phone. The insurance company says it is 100% my wife's fault. Do we have any recourse?
State/Country relating to question: Colorado
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience. Hopefully I can help you with your legal questionYou mention that The insurance company says it is 100% my wife's fault.Is this your insurance provider? Or the provider of the other driver?And aside from your spouse and the other driver, are there any witnesses to the accident?How much money are we talking about to fix the car?
Both drivers have State Farm Insurance.The insurance adjuster was some person/group from State Farm in Arizona.No witnesses.Our car is about $4000.I don't know about the other car yet.
Thank youDo you have liability coverage only? Or comprehensive coverage?That is, does your insurance policy pay regardless of who was at fault...or is it a policy that will pay only if the other party was at fault?
We have full coverage.I assume but don't know that our insurance will pay regardless.The other party has only liability.Our concern is who is at fault and what that will do to our insurance rates.
Sorry, I have to step away...and I do not know the answer to this question (the issue of rate increase) but will opt out in the event someone else may know
The question is, "Who is at fault!"
If your wife was in her lane, the lane was a legal lane of traffic and the other vehicle turned into her lane, then generally the vehicle already in the lane has the right of way. You need to inform the insurance company of this and inform them that their contention of your wife being 100% at fault is in bad faith and you will pursue them for damages in excess of the claim for their bad faith denial. The only way your wife would be at fault would be if she was passing in a non-legal lane of traffic when the other car turned left into her.These same insurer cases are rough to deal with because your leverage is not as good as when there are two separate insurers involved. As far as your insurance rates, I am afraid we have no way of knowing how much they will go up and many times State Farm will give you a 1 time pass on a rate increase for a first accident or will have a minimal increase, but they do not publish those increases to us for us to know what they would be.
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State Farm told us that in Colorado, the person passing is always at fault.Is that an indisputable law?
That is not an "indisputable" law. If your wife was in her lane and it was a normal lane of traffic, then the party making the left turn was responsible for making sure the lane was clear before turning. The police report on the accident needs to be reviewed of course to make a final determination, but this is not a hard and fast rule that you are being told by state farm.
You asked a question and it was answered, if you required more information, please ask as you were requested to do (I know this site is confusing so it is not your fault). You are being lied to by State Farm because they will do whatever they can to avoid having to pay. This is what their adjusters do, they are paid to minimize damage to the insurer. If this other vehicle cut into your wife's lane of travel and your wife was in a regular travel lane, then your wife was not wrong.
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Thank you so much, I am sure that you and your wife will both get the justice you deserve.
Give me my money back!
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