Do you think insurance company will take liability?

Question

I already asked a question similar to this. If there is any insurance experts out there or people that have been through this please answer:

I was in an auto accident where the other driver ran a red light(fast) because an ambulance was behind her and she felt she had no other choice. She was in a 4 lane intersection and could have pulled left or right. or eased into intersection. However her insurance company sounds like they dont want take liability for my damages because she was moving out of the way of ambulance. I couldnt see ambu because I was on the blind side of intersection. I had the green light and proceeded into the intersection. Just looking at these facts. Do you think she wrong and will her insurance adjuster find her at fault and take liability?

Answer 1

Was there a police report filed? What state are you in?  In most states, if law enforcement is involved, they will cite the at-fault party.  

Again, determination of fault varies by state as does the percentage that a insurer will pay.

You could contact your insurance company (or agent) for advise.

Answer 2

depends on if you are in a no fault state.  she as well as you should have been pulled over for the emergency vehicle to pass, but neither did.  you seem to have had the right away from what you say, so she SHOULD be held liable.  I agree with the above in that you should file through your company and let them handle it.  they will find out who is liable and if the other person is, they will go back to her company for repayment of your claim plus your deductible.  you pay your company to help you at times like this.

Answer 3

It's going to depend heavily on your state law.   You should have HEARD the ambulance, at any rate.

In many states, she WOULD have had the right of way, if the siren was on.  

Your best bet is going to be to go through YOUR insurance company, and let the chips fall where they will.  I would NOT count on her insurance stepping up to the plate on this.

Answer 4

There is more information needed.

What state did it happen in?

In most states, the law says you pull to the side of of the road and stop and let the ambulance pass. I know of no law that says to speed up or to run a red light to get out of the way.   If the ambulance has lights and sirens -- he has the right to run the red light and you (with the green) have to be on the look out for him. However, an ambulance with lights and sirens does not give other cars traveling that direction the right to run the light.

How to deal with ambulances is usually a part of the driver's test and in the drivers hand book. Go to your local DMV and pick up a copy of the drivers handbook (the one kids have to get to take the written test). What does it say?

She should know this law.  If she did not have room to move to the side of the road, she should have brought her car to a controlled stop so the ambulance could go around her.  You can do a google search for laws relating to emergency vehicles in your state.

Did you hear the ambulance? If no, why not (assuming it had it's lights and sirens on).  Even if you have a green light- when you hear an ambulance you are supposed to be on the look out for it to come through the intersection. But I don't think you are supposed to be looking for other people to run the light.

Do you have collision coverage?

If so, just file the claim with your company and let them take care of your damage. They will subrogate back against the other person's insurance for re-payment. That's really the easy way to deal with this.

If the claim investigation is just starting-- the other driver could be giving her adjuster all kinds of grief. That means the adjuster  would have to do a full investigation (recorded statements from both parties, police report, scene investigation, interview witnesses and if she got a ticket - wait and see what happens with her court date.)  If the adjuster has to do a full investigation - that means they can't give you a decision right away.

Give your company a call. Maybe your adjuster can call the other ladies adjuster and get a feel for what they are going to do.

http://www.swambulance.com/merge-to-the-...

http://www.emergencydispatch.org/article...

http://www.ou.edu/oupd/emergv.htm

ttps://www.naemt.org/divisionsAndCommi...