How long does it take for an auto insurance company to investigate and claim liability?

My daughter was in a car accident on Feb. 25. She was traveling straight in the southbound lane, when a rushing man in the northbound lane turned left in front of her. The driver admitted that he was upset because he had been following a school bus for the last 20 minutes and his friend, whom he was trying to pick up, was late for work. He stated that when he saw the driveway that he cut from behind the bus to turn in then realized from the skidding that he turned in front of a car. His insurance company is still investigating and waiting for pics of the scene and his friends statement. I was told by his insurance company (USAA) that witnesses not listed on the police report could not be used, but his friend is not on the police report and they are waiting for her statement. NC State Highway Patrol responded to the scene and the driver was cited for failure to yield the right of way. The driver was apologetic and admitted several times around a number of people that he must have blanked out or was daydreaming from the frustration of the school bus. USAA is saying that they need to make sure that my daughter was not 1% at fault, meaning speeding perhaps. The officer estimated her speed at impact at around 40 mph and the speed limit is 55mph. She hit the drivers back tire of his Jeep Wrangler (small truck) causing him to rest in a small trench or ditch ion the side of the attempted driveway. The front passenger side above the front tire and the front by the headlight is damaged on her car. She tried to avoid him, protect her younger sister (13) and avoid veering to much left in fear of hitting the school bus. My girls were terrified when I arrived 15 minutes after the accident. USAA stated that she may have had time to instanly stop, but she tried everything that she could do. In my opinion, she should have never been put into that situation. USAA is saying that points of contact are off, but my insurance agent said that she hit the back tire because a Jeep Wrangler is only 5 ft long and he was not towing a boat or driving a common sized vehicle. Plus the driver admitted to pushing down on the accelerator when he realized what was happening. I just need to have someones advice on this matter before hiring a lawyer. Thank you.
Additional Details
Plus I had to pay 450.00 for towing and storage because the agent (whom I had yet to talk to) wrote a letter stating that they would only cover charges if they accept liability up to March 4. USAA did not send an adjuster to the towing yard until March 9. I call and call the agent will not return my calls, so I only talk to other USAA reps.

chathamguy

Sorry to say there is no definitive time line, the facts seem pretty straight forward. I would talk to the adjuster at your insurance company. Liability is a matter for your insurance company to dispute with the other insurance company. There are fault determining rules the adjuster will use to assist is deciding who is at fault.

This one seems pretty clear cut, I don't think a lawyer needs to get involved, if you adjuster is dragging their feet ask for a supervisor.

Pay the towing and storage if you can, to avoid any negative impact on your credit, your insurance company will reimburse you.

But talk to the agent it could be that they are just waiting for some finer details, it is not uncommon for a person to say the events happened one way to later find out it was a completely different story.

If the agent isn't returning your calls, call and ask for a supervisor, or write a letter.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: