Originally Posted by Expatriate
And yes, all Anthony needs to do is prove to AIG that he had no opportunity to take evasive action. He'll need to show that the accident was unavoidable on his part, and this loss would not have happened, if not for the motorists actions.
That's known in some states of the US as the "last clear chance" doctrine. It doesn't apply in many jurisdictions, but apparently we are to believe from posts such as yours that insurance companies don't need to base their decisions on the laws of the jurisdiction in which a claim can be made. That's nonsense, frankly, and is another illustration of why you shouldn't be giving legal advice such as the above quote. An earlier post by DCCommuter noted that in Texas, for example, it would not be a defense unless the claimant was more than 50% responsible.
Why the OP would rely on legal advice posted online in an international forum is another question.