Legal Question in Traffic Law in West Virginia

Determining fault in a vehicle accident to recoup deductible

Another vehicle changed lanes into my vehicle on the interstate. I called the police and we both gave statements. The other driver also had two passengers that gave statements, but I was by myself. I have found out that she has claimed I sideswiped her. I was hoping to recoup my deductible. I wasn't issued a citation in the accident, but I don't know if she was issued one. The police report is not available yet. Is there any way to prove fault in this accident so that I can recoup my deductible? Also, I gave a recorded statement to my insurance company. They said I should also give one to her insurance company if they ask to help complete their investigation. Would this be wise?


Asked on 2/22/09, 6:57 pm

1 Answer from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Determining fault in a vehicle accident to recoup deductible

It's important that you understand that the actual FAULT in these cases is not DETERMINED by the police. It's ultimately determined by the court. Right now each of your insurance companies are going to try to minimize their costs. You have a right to no be considered at fault or to at least have fault fairly determined--and NOT by the cops. You should definitely give our offices a call to discuss your options and your recovery against both their insurance company and your own insurance company.

My number is 267.639.3105.

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Answered on 2/22/09, 7:26 pm


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