Auto Liability Claim - An Outline Of The Process

An auto liability claim occurs when you causeClear fault liability claims are not much of an issue. If
damages or injuries to a third person. Every state inyou were at fault, then your insurance company will
the United States requires you to carry insurance.pay for all damages and injuries either to the
The insurance that is required by law is liabilityresponsible party or her insurance company. Equally, if
insurance (some states require Uninsured /Underyou were not at fault, then her insurance company
Insured Motorist Damage, Uninsured/Under Insuredwill pay your damages directly. You insurance
Bodily Injury, and Personal Injury Protection). Liabilitycompany will not pay you anything since you did not
coverage is the "bear bones" coverage. If you carryhave first party coverage (Collision).
an auto insurance policy, then you have coverage forA dispute auto liability claim can become quite
an auto liability claim. Note: If you have a car loan,cumbersome. If there is split fault, then your
then you are required to carry collision andinsurance company and the other carrier must "sit
comprehensive.down" and argue liability and damages. The adjusters
The liability coverage will only cover someone else'swill attempt to reach an agreement as to the
vehicle; you will have to pay for damages to yourpercentages of fault of each driver. If they agree,
own car. If the accident was not your fault, then youthen they would pay each other the amount of their
have to make an auto liability claim against thecorresponding damages. If you did not carry collision,
person that hit you. If that person does not havethen you have to call the carrier of the other person
insurance, then you will have to fix your own car andand ask for at least that percentage of your
try to collect against that person directly. This is thedamages. They will pay you directly. If you do carry
reason why you need to Uninsured/Under Insuredcollision, then the insurance companies will exchange
Motorist Damage.payments and then your company will send you your
Liability coverage is a fault base coverage. Thisdeductible back (if your company had already pay
means that for this coverage to be triggered, theyour damages and/or medical bills).
driver carries the insurance liability coverage must beIf the adjusters cannot agree about who is at fault,
at fault at least partially (some states requires atthen insurance companies will go to arbitration. An
least 50%, some only require 1% fault). Here isimpartial arbitrator will review both adjusters' files and
where insurance adjuster will take their timethen make a binding decision. Arbitration decisions are
investigating who was at fault and how much. Therefinal and insurance companies must follow them.
are cases where fault is clear (rear end accidents).Insurance companies cannot appeal arbitration
However, there are other accidents where there is adecisions.
clear dispute of facts (red - green light dispute). TheYou are still bound by your policy liability limits. The
claim adjuster must determine who is at fault. If youdamages that you caused must be below those limits
are in a situation where you are being accused evenfor the insurance company to protect you 100%.
for 1% fault, then you want to have your ownThe insurance company is required by law if they
insurance carrier protect you from the auto liabilitybelieve there is a risk that the damages will exceed
claim the other insurance company will make againstyour limits.
you.