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  • Driver Gets Ticket For Accident, Admits Fault, Insurer Won't Pay Save Email Print
    Traffic citation doesn't prove fault
    Posted: 10:49 PM Apr 29, 2008
    Last Updated: 11:36 PM Apr 29, 2008
    Email Address: sixonline@wowt.com

    A | A | A

    This story is about a man involved in a crash and the other driver admitted fault. Police issued a ticket, but when it came time for insurance to pay for the damage, that was another story.

    When Justin Asmussen pulled his car into a body shop he was confident the other driver's insurance would pay all the repairs. "When she got that ticket from the police officer, I never questioned, I thought this was it."

    Driving home at 5 p.m. on Farnam Street, Justin had the right to be on the inside lane when suddenly someone turned right into his front end.

    The police report says the other driver told an officer she didn't know what lane she was in and was cited for making an improper turn. "I thought it was a slam dunk."

    But the other driver's insurance carrier put the brakes on Justin's claim. American Family looks at police citations, evidence at the scene, drivers’ statements, roadway design and conditions and witnesses to determine fault.

    A company spokesman tells Six On Your Side, "We look at all this information, not just one factor.” So Justin will pay the deductible on his insurance. “Whenever you get in an accident, you need to number one stop somebody as far as a witness goes and take pictures of your car," says Justin.

    Jim Champion of the Charlie Graham auto body shop says he's seen other customers like Justin shocked that a ticket isn't enough to convince insurance adjusters which driver is at fault.

    “Many times, they'll get back home, somebody will start coaching them, they'll change their story and at that point their insurance company will say hold on, our insurance says it wasn't their fault."

    Here’s what you should do if involved in an accident and need proof that it wasn’t your fault. Witnesses are key, so write down names and phone numbers and if you witness a crash, even if it’s a minor one, offer assistance.

    Have a camera handy to take pictures of damage, the position of the vehicles and the condition of the street. And remember, a ticket or police report in your favor helps, but don't put too much faith in those. It doesn't mean the other driver’s insurance will automatically cover your repairs.

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    Posted by: Edgar Location: Omaha on May 2, 2008 at 11:41 AM
    Lots of folks treated badly. While exiting the parking space at a HY VEE and getting ready to go forward (had the car in Drive) the woman across the lane rapidly backed out in her enormous truck and took out my right rear fender. She had the gall to day that it was fifty-fifty on private property and she would take care of her truck (no damage) and I should take care of my poor destroyed fender. It was her fault, but she and her husband had part ownership in an insurance agency so she knew just what to do. I know the people, and they are extremely wealthy. Now I know how they got that way.

    Posted by: TLR Location: Omaha on May 2, 2008 at 08:56 AM
    I had Allstate insurance. I had a chip in the window of my car from a rock. They had me repair it. Then had hail damage to roof of my house so had another claim. I had been with them over 10 years. You guess it they cancel me out. Now after a number of years they keep sending me offers to return to them. I am currently with American Family and I must say I have had no problems with them.

    Posted by: Justin on May 2, 2008 at 06:55 AM
    I am the person featured in this story. I would like to respond to the person who posted Fed Up. The damage on my car was on the right front corner(passenger side of my car), her damage was on the back door drivers side. There is no way the accident could have occured unless I was driving on the sidewalk. The woman indicated I was following behind her. Correct me if Im wrong but your job as an adjuster is to look at all the facts, and the fact is the accident could not have occured if you followed her story. I agree she should have told the truth, and took responsibility for her mistake, I think the adjuster at American Family Insurance is at fault as well.

    Posted by: Fed Up on May 1, 2008 at 05:25 PM
    I am a claims adjuster. I could try to explain what is happening, but why bother? I am "the man" (I am female) trying to "stick it" to people. I drive and have insurance, too. I hear this every day. There are resources people can use. The article is correct. Perhaps if the driver was at fault for the accident, they should have been honest with their carrier and told the TRUTH. With no witnesses (and the officer did not see the accident), you are contractually OBLIGATED to look out for your insured's best interest, which means giving them the benefit of the doubt. Instead of putting down the carrier, where is the uproar over the dishonest person who caused the accident? If they had accepted fault for the accident to their carrier, there isn't much they can do to deny the claim.

    Posted by: Anonymous on May 1, 2008 at 12:32 PM
    Allstate is just as bad. I was BACKED into and they jerked me around for a year and never did pay. Glad I had real insurance to cover my expenses.

    Posted by: Bad Company Location: Nebraska on May 1, 2008 at 04:12 AM
    I had American Family for a car insurer years ago - what a nightmare. Don't go near that company if you can help it.

    Posted by: Shirley Location: Nebraska on Apr 30, 2008 at 01:14 PM
    This happens because Nebraska changed to a no-fault accident state. That is why usually police departments will not decide blame

    Posted by: D Location: Omaha on Apr 30, 2008 at 12:55 PM
    This is why America is corrupt- insurance agencies having control of everything. Everyone pays out of pocket to insurance companies and when it’s time for the insurance company to pay some of that back they wont- or worse, they drop you! Doctors will turn you away if you don’t have insurance, even if you have the money to pay for it! Why? Because insurance companies pay them to. Anymore you have to work for the devil in order to do well in our corrupt society. Americans need to wise up and wake up and do something to end this.

    Posted by: GR on Apr 30, 2008 at 10:45 AM
    It's called "Bad Faith insurance"

    Posted by: Brent Location: Southwest , Iowa on Apr 30, 2008 at 09:28 AM
    If I caused the accident I would want the other person to be treated fairly. I would demand American Family to make good and if not I would make good on his deductible. If it was not settled, I would file a small claims in court for the deductible amount. For everyone if I had a American Family policy I would be looking elsewhere.

    Posted by: J Location: Bennington on Apr 30, 2008 at 08:18 AM
    Something similar happened to me a couple of years ago up at 72nd & Ames, driving from one work location to another. Guy next to me in the double turn lane liked my lane better than his. We pulled into the gas station to sort it out. Called OPD. Guy had no plates, Iowa license, Dairyland Insurance (insurer of last resort). 3 people saw it - no one would provide names. I took pictures. OPD officer asked me if I was from Bennington, why was I in Omaha anyway (this was at the height of the City-County merger proposal). Guy said the accident happened on private property because we were sitting at the gas station waiting for the police. No ticket. Absolutely infuriating to be treated like trash because of local politics. North O mentality of no snitching = no witnesses for something as lowly as a car accident. No one would look at the pictures I took. His insurance decided I was at fault - shouldn't have been driving in North O that day. My bad.

    Posted by: Drop American Family!!! on Apr 30, 2008 at 08:18 AM
    Makes me very happy to pay my premium...these crappy insurance companies should have people FLEE from them so they go belly up. Karma at its best. My insurance company paid my huge loss without batting an eyelash before I paid my first premium...USAA. I have been with them for YEARS, I have super low premiums & absolutely the best coverage. When USAA memebers lost homes in Katrina they were properly taken care of unlike many of the other companies insureds....

    Posted by: L Location: Omaha on Apr 30, 2008 at 05:28 AM
    American Family is the WORST that I have ever dealt with. My husband and I were both injured in an accident,and our car was totalled, and the driver at fault was insured by them. American Family agreed that their insured was at fault and had no problem agreeing that the car was totalled, but refused to pay ANYTHING for either the medical bills or toward the car. My own insurer had to pony up the expenses that my policy would cover. My insurance agent said it would have been better if I'd been hit by an uninsured driver, which is essentially what she was since American Family refused to cooperate

    Posted by: Brad Location: Omaha on Apr 30, 2008 at 12:22 AM
    This is typical insurance company crap- same exact thing happened to me in Old Mill. I sued the other driver in small claims and won the deductible back. Her insurer had no choice but to reimburse her then. Funny thing though- my insurer lost the arbitration to get the money from her insurer. I won a court case and apparently a court judgement was not enough for them ! No wonder our rates are what they are ! Her insurer still owes mine $ 1,777 for my claim. Perhaps we should just commence suit againt the insurer and use the driver as a hostile witness. Insuranace companies are full of it. They even refuse to pay each other. Wonder why rates are so different with different insurers ? Theres your answer people. Some are simply better in arbitration than others.

    Posted by: mTm on Apr 29, 2008 at 11:54 PM
    Great reporting - Using a Auto Bodyshop employee as a reference for liability investigation. Anybody knows that tickets aren't the determing factor of fault anywhere in the country.

    Posted by: jll Location: ohio on Apr 29, 2008 at 11:14 PM
    its just the man sticking it to the person who pays there paycheck

    Posted by: Anonymous on Apr 29, 2008 at 11:14 PM
    Always remember, Insurance companies are not your friends, THEY ARE THE ENEMY! they will rip you off anyway they can, this is PROOF

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