At-fault third-party driver¶

Domain guide, Auto subrogation, theory 2.1

The theory¶

The other driver's negligence caused the collision. The most common Auto recovery and the one every other Auto theory builds on.

Who must be on the roster¶

A party with role other_driver, identity_status: identified, and ideally insurer_name stated.

Facts that establish it¶

At least one of: official_determination_described (police or official fault finding), statement_attributed_to_party, witness_fault_observation.
The comparative-fault gate separately reads police_fault_determination, citation_issued_to, admission_of_fault, and stated_fault_pct.

What defeats it¶

The state's comparative-fault bar (contributory states bar at any insured fault; modified comparative states at 50 or 51 percent).
The no-fault regime for the BI head in no-fault states.
A police determination placing fault with the insured (excluded, reason insured at fault).
An unidentified party (indeterminate, party unknown).

Recovery channel¶

Intercompany arbitration when the other driver's carrier is identified and both are forum members.
Direct demand when the carrier is not identified or not a member.
Direct demand or suit when the party is uninsured.

What the carrier does¶

Obtain the police report.
Secure the other carrier identification and policy.
Send the demand or file the arbitration.
Preserve insured vehicle damage evidence and photographs.
Diarise the SOL.

A claim that fits¶

Sandra Okafor, insured, stopped at a red light on Westheimer in Houston. A 2019 sedan driven by Derek Chu struck her from behind. HPD responded, listed Chu as the at-fault party and cited him for failure to control speed. Chu gave his insurer as Farmers. Repair estimate 8,500, rental 600, deductible 500.

How the engine reads itother_driver Chu identified with insurer; official_determination_described stated by police; citation_issued_to Chu; stated_fault_pct not stated: comparative gate clears provisionally on the police determination and adds a routine condition. Theory confirmed, refer with one condition, channel intercompany arbitration, base 9,100, legally recoverable pending fault confirmation.

Records behind it¶

Theory record AUTO-SUBRO-THEORY-006 Gates comparative_fault_bar, no_fault_per_head