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My son was in an accident with another person. The state…

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My son was in an...
My son was in an accident with another person. The state Troper wrote it up neither party was a contributor of the collision. I received a notice from my insurance company they would not be renewing my policy. I called the insurance adjusterand asked why they had a claim against my insurance . I spoke to the adjuster and it was said they had determined my son was at fault, and paid out 15,000 dollars without me knowing about it.My son had a witness that the other person was on the wrong side of the road. She was under 18 and was told she could not witness because she was a minor. There were no other witnesses. Now my son can,t afford insurance and I can,t afford to add him back on my insurance. How can I get this issue resolved. Why is it I have the written report fom the state trooper determing neither party contributed to the collision the adjuster said they have a report showing my son at fault , far as I know ther were not any other police there to write a conflicting report. I am not wanting anything other than this to be resolved and removed from my son's record.
Submitted: 5 months ago.Category: Legal
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11/12/2017
Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm very sorry to hear about your situation. It appears as if you may want to file for a claim of negligence against the other driver and their insurance company. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. What you could do is hire a personal injury attorney who may be able to help you resolve the issue with the other party. As far as whether the police report had any bearing on the insurance company's decision, that is hard to say because the insurance company makes its own policies and decisions and must only do so in good faith. Regardless, a party can act as a witness as well even if they are under the age of 18. What other questions did you have for me?

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