Legal Question in Traffic Law in Maryland

During a snow storm, my daughter's car (its actually my car) slid and crossed the line to the point where an oncoming car hit the front passenger side of my daughter's car. Our insurance company said that the police report said that it was her fault and now they want me to sign a waiver that she can't drive my car. The report that the police gave to my daughter does not say whose fault it was.

1. Could there be another report that was filed that she didn't receive that says she is at fault.

2. Does the fact that the the street was covered with snow make any difference in the decision of whose fault it was?

I called my insurance back and asked them to fax me a copy of the report that says that my daughter is at fault and they agreed to do so but they have not faxed me anything yet.


Asked on 2/25/10, 9:37 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

1. Possibly, if the investigating officer filed a supplemental report, but unlikely unless this was a particularly serious (personal injury) accident the investigation of which involved more than one officer.

2. As strange as it may seem and regardless of the conditions, insurance companies take the position that someone must be at fault.

Although insurance is essentially a contract, it is a regulated industry. You can contact the Maryland Insurance Administration regarding whether your company's practices and demands are legal.

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Answered on 3/02/10, 1:03 pm


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