Legal Question in Insurance Law in California

I had an accident in a rented vehicle.I hit the rear end of a car which was stopped in the middle of a lane that was posted with signs stating no halting or parking at any time. Subsequently,before police arrived, man in car left scene of accident,due to injury I didn't get license plate info. Police didn't ticket me, but stated person who left,probably had something to hide,and leaving was worth more than staying for probable informations request etc. Rental car company wanted full payment for totalled car. My insurance company said I was 51% at fault, and charged me my full deductable of $500.00. Since I feel I was not atfault even tho it was a rear end situation(proven by the man who left because he was illegally parked in traffic lane) how can they find me at fault? Could I sue my insurance company for doing this to me?


Asked on 11/11/10, 3:38 am

1 Answer from Attorneys
Kurt Boyd LAW OFFICES OF KURT BOYD

The insurance company makes an independant determination of fault. The opinion of the investigating officer is nice, but not controlling. The fact of rear ending another vehicle raises an inference of unsafe speed and inattention, other circumstances notwithstanding. No, you can't sue the carrier for the decision. You can change carriers.

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Answered on 11/19/10, 8:46 pm


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