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Questions about fault regarding car accident in KY
I was involved in an accident where a small car went under the back door of my suv in a two way intersection and the police report read I had almost cleared the intersection and the insurance company determined it no fault.
Turns out that we both had the same insurance company. After I obtained an estimate the adjuster talked with the body shop to lower the estimate and now I have a deductible to pay also. The insurance mailed me a check with my name and the body shop name on it (and I own my vehicle)do they have the right to do this?
And I thought if someone hit you in the back it was automatically their fault.
Well, if the vehicle is paid off and there is not a lien holder (a bank), then they can make payment to you only. If you owe money on this vehicle, then they must preserve the lien holders rights, please see: http://www.auto-insurance-claim-advice.com/Financial-Responsibility.html
If there a lien holder, the check must be made either to you and the bank (the bank will sign, cash the money, and put the money towards your loan, and not to fix it) or to you and the body shop. If you own the car free and clear, you could as for a check to you only.
Regarding fault, there is no automatic fault on the U.S. An investigation must be done to see that all drivers were following the rules of the road. For more on fault, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
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