Determining fault in an accident - can insurance companies do it with no evidence?

Question

My girlfriend was driving along when the next thing she knows her car is spinning and bouncing off a HGV in the next lane. She hasn't got a clue what happened but conditions would not have caused this. The HGV driver also said he doesn't know what happened. All witnesses drove around the wrecked car and carried on their journey. The insurance company has stated that my girlfriend is responsible with no evidence whatsoever and the driver of the HGV has now claimed whiplash from the Saxo bouncing off his wheels. Can they do this?

Answer 1

Having worked in motor claims for 8 years I can guarantee that it's not as simple as you are making out.

Firstly, if the driver of the HGV has told his insurers what happened, and your girlfriend has simply said "I don't know what happened" then it's obviously going to look better for him. If, as you say, she lost control and went into the lorry, then yes, it's going to be her "fault" and her insurers would have to pay. If she's told her insurers that her car "spun out of control and hit an HGV" then unfortunately she hasn't got a leg to stand on.

Secondly,  they would NEVER simply admit full liability if there's a chance they could get a 50/50 settlement, especially when there's a personal injury involved. If there's a way they can get out of paying 100% of a whiplash claim, believe me, they'll try anything.

Thirdly, it is entirely possible that the driver of the HGV does have whiplash. If he was doing 50 MPH and suddenly encounters a 1 ton car causing him to rapidly slow/stop then ANYONE is going to get soft tissue damage, regardless of what sized vehicle they are in.

Answer 2

Did your gf call police to get a report? That would have been your best bet. I recently was involved in an accident and didnt think of calling the cops. Both ins companies should have looked at both vehicles and replay the accident to determine who is at fault. If there is no evidence to prove that your gf is at fault, she can take it to court, and they will HAVE TO go through step by step second by second to determine what actually happened. If her car is totally wrecked, and she is not at fault what so ever, I would say fight it. Besides, shouldnt her ins company be fighting for her??

Answer 3

The insurer is 100% correct. They are obligated to protect their insured and if they can't find any basis to NOT accept liability they must take the most logical course of action. Trust me, if there were any evidence to support the fact she wasn't at fault they would be fighting tooth and nail against the other driver and his company.

Answer 4

If non of them have been held liable for the accident then there is no way that one injured party can claim off the other. Has your girlfriends insurer conceded thet she was responsible for the crash ? Doesn't sound right to me as most insurers fight tooth and nail not to have their insured driver seen as responsible unless it is a cut and dry case.

Sound very strange to me, get your girlfriend to speak with her insurer ASAP and ask for a full explanation as to what's going on. It could just be a 'try on' by the other insurer.

Answer 5

with no witness and both sides saying they do not know what happened the insurance company's will agree a fifty fifty blame. That means both sides pay for their own repairs. As for the whiplash he has no claim against your friend.

Answer 6

Think of it this way, your girl's insurance company does not want to pay anything out if they don't have to so they are not trying to rip you off. Unless she was hit by a car and that caused her to go into the other lane, she has no case.

Answer 7

First of all, I cannot see how a driver of an HGV can suffer whiplash. You need to be hit from behind with a vehicle doing about 40mph to suffer this, and as it is an HGV it would have to be a vehicle of the same size.. IIf your girlfriend has no evidence of how this occured and neither has the driver of the HGV, then it is to be considered "Knock for knock" which meanns, no one is at fault and each driver pays for their own repairs. Your girlfriend should contact the insurers and ask them to reconsider the claim on what I have explained to you. If her insurers cannot go along with this, then she must ask her insurers for thr Insurance Ombudsman address, and ask him to intervine about this claim. I wish you good luck.

Answer 8

unlikely that they will 'blame' you gf

more likely they will agree to a 'knock for knock' with the other insurance company... in effect this means both parties are to blame.

although sometimes, when the other party has better insurance, it can seem like you are getting the worst of the deal.

Answer 9

should have used a camera at the scene

even a crappy cellphone camera will hold up in court

showing things like the road skid marks where the vechical was damaged and so on

i have a video camera in my truck e thing runs all theb time rsday i was parked n fron of a shop n ta i hadlots of room around me another diiver found a way to removeood off my semi

i was inside seting up arepair with the shop

i have video of the actual                      hit, i have pictures of the aftermath i have video (*mobile camera) after the fact i am in a very good condition

the cab camera runs at all imes in case someone claims i hit them or i get hit and the person takes off

only had it 2 months now and am really glad i shelved out the $600

it is ard to disagree with hard edvance

goodluck

Answer 10

Absolutely you have no witnesses and insurance companies always try to wriggle out of paying out.Good Luck

Answer 11

"The insurance company has stated that my girlfriend is responsible ....."

Whose insurance company has stated ?  The Girlfriends or the other drivers ins, ?  I suggest that you let the two insurance companys battle it out.  Fault is over-rated.  It shouldn't matter much who is at fault.  One of the companies will pay in the long run.   Let the insurance companies do their job, sit back and relax and be glad they both had insurance

Answer 12

they some times use the opinion of the guy that comes out to look at the car

somehow by looking at the bumps ans scratches they can tell who hit who how fast the car was traveling ect

there could be a possibility the claim could be settled 50/50 but to be honest this is no better that being held at fault because your girlfriend would still loose her no claims

Answer 13

If there are no witnesses the ins of HGV will say that your gf was in the wrong lane and therefor in the wrong. That is the way ins coys operate.

Answer 14

If your girlfriend was driving and lost control of the vehicle, then yes, she would be responible for the loss. The evidence is: 1) she lost control of the car, 2)she did not know what happened.  Had the police been called more than likely your girlfriend would have been cited for wreckless driving.

Your insurance company should have taken a statement from your girlfriend, questions like, what time did the loss happen (did she fall asleep at the wheel), was under the influence of drugs or alchohol, was she picking somehting off the floor? Was the sun in her eye's? etc. to try to determine why it happened (especially since there is an injury), but she would still be responsible for the loss.