I was making a uturn at a traffic light that was green, a car making a right on red at 9:30 pm with no head lights on and we collide. My damage is front the other car is drivers door. The other driver was cited for failure to yield. He is fighting any liability and the insurance is going to be splitting responsibility, the difficult part is we share the same insurance and i do not feel they are looking out for my best interest. Originally the adjuster said she was looking for it to be 80/20 but since the other driver is denying responsibility they had to go to the managers. How do they determine fault percentage? if they come back with 50/50 can i dispute it? how does some one ant night with no lights and get a ticket share the same responsibility and myself?
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Car accident question
- Thread Starter mikeg001
- Start date
army judge
Super Moderator
A traffic citation, alone, isn't indicative of fault in regards to civil liability.
You can contest the insurance company's position all you desire, it won't make them budge.
To make a claimant settle rapidly, the insurance company might throw $200 to $500 at a claimant.
You see, if you retain a lawyer, the insurer knows their costs will rise.
No one will listen to you, until you hire a lawyer to howl at the moon.
If no lawyer wants to represent you, your case is very weak.
If lawyers fight over your claim, you are sitting pretty.
So, talk to three or four lawyers in your county and see if your dance card gets filled, or you are a wallflower.
adjusterjack
Super Moderator
You have the option of suing the other driver in small claims court and convincing the judge that he was 100% at fault. While a traffic citation might or might not be evidence of negligence, it could be enough to persuade a judge.
As for your insurance company no looking out for your best interest, here's how it works. If you are making a liability claim against the other driver the insurance is obligate by contract with that driver to defend that driver if there is a question of fault. If you are making the claim under your own collision coverage then your company is obligated by its contract with you to pay for the repairs to your car. But when all is said and done, it still may find you partially at fault for the purpose of surcharging your policy.
Unless a court of law says that the other driver is 100% at fault, it's up to your insurance company to make that decision and you have no recourse.
Thanks for all the responses. after 7 weeks the insurance company has decided that for my deductible they are going to for 20% my fault but for the actual payout it will be 50/50 all this back and fourth and such a odd decision for such a small claim. No medial claims and only about $1500 in damage to my vehicle and apparently he is not fixing his. i have never been through such a odd accident where someone can be cited for failure to yield and drive with no headlights at night and i am just as fault as he is.
emilyrambal
Banned
One of the main goals of current traffic laws across the country is to hold all drivers up to a reasonable standard of care to ensure that the roads are safe for other drivers, as well as pedestrians. If you have acted recklessly or negligently and an accident occurred in which people have been injured or property has been damaged, you may be sued for that accident and end up in court.
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