Legal Question in Insurance Law in Missouri

intersection

A vehicle is traveling on a highway (45 mph)approaching an intersection normally controlled by a traffic signal. However, there is a power failure and the signal is not functioning whatsoever for 45 minutes. A vehicle sits at the intersection waiting to cross the highway. The road crossing the highway, speed 30 mph, driver is aware the signal is not functioning, stops, has clear view of on-coming traffic. Vehicle on highway follows a vehicle through the signal unaware the signal has stopped working. The vehicle waiting to cross the highway, again aware the signal is not functioning pulls into the intersection into on-coming traffic, coliding with right front wheel of second highway vehicle, damage continues down entire side of second highway vehicle. Vehicle that pulled out from cross road has all front bumper damage. Who's at fault? Is an insurance company required to see all vehicles and gather all facts before determining fault? Are any of the parties associated with the signals failure responsible? The insurance company says they don't have to see the vehicles to determine fault. Now after asking them why - they now want to see the vehicle - do I let them? I think they just want to cover their behind. Thanks!!


Asked on 1/27/04, 7:58 pm

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: intersection

An insurance company has a duty to investigate a claim before denying it- the question in your case is whether it would be necessary to view the vehicle to determine fault in your case, and without more facts, it is impossible to say. If the police did a thorough investigation, it is possible that the insurance company can rely on that without an independent reconstruction of the accident. However, you are not bound by the insurance company's determination of fault, and can ask for a court to determine the matter of fault and liability.

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Answered on 1/27/04, 8:03 pm


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