Rebuttal to Denial Letter from Opposing (State Farm) Insurance Company

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PR660 said:
Rebuttal to #2: The "left-turn-only lane" is for drivers to discern lanes who are traveling in that direction. It is not visible to the opposite side of the intersection because it becomes visually obstructed by the vehicle in that lane.
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Nonsense. This is what you saw when you pulled up to the stop sign. The left turn lane is visible and so is the vehicle in the left turn lane. Common sense would dictate that you give him a second or two. He would have made the turn without incident. 50/50 fault is fair if you can get it.

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adjusterjack said:
Nonsense. This is what you saw when you pulled up to the stop sign. The left turn lane is visible and so is the vehicle in the left turn lane. Common sense would dictate that you give him a second or two. He would have made the turn without incident. 50/50 fault is fair if you can get it.

View attachment 3766
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Yes, the vehicle is visible. How is the left turn lane visible? The vehicle in that lane appears to be just like me...
 
PR660 said:
Yes, the vehicle is visible. How is the left turn lane visible? The vehicle in that lane appears to be just like me...
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Let's pretend for a second that it's not possible to discern that the other car is in a left turn only lane (and I don't disagree that it may be difficult/impossible to see the arrow on the pavement or the solid white line) and assume that it had no turn signal on. You STILL don't get in the sort of accident like you depicted unless you gun it off the line (at least to some extent). Even if you have the right of way, INSISTING on the right of way is a great way to get into an accident, and you'll get tagged with some measure of fault every time. Now...if the other guy claims his signal was on and stopped first and you claim the opposite and neither of you has any evidence to support yourselves or controvert what the other is saying, what's the insurer to do?
 
Auto accident 4/15/2022 - 20 yr old vehicle I was driving had liability insurance only.

Other vehicle's insurance co determined me to be at fault, but this is clearly discrepant.

As advised by my own insurance agent, I sent the demand letter to the opposing insurance company rep, who is based in Scranton PA. I'm in CA.

I never got a reply. I am ready to file a small claims suit in court.

1) Is this the appropriate entity (stated above) to file a small claims case against,

2) I'm assuming I file in the county court in which the accident occurred...? Any other details will be helpful.

Thanks very much in advance!
 
Perhaps you can explain the accident as well. We have some folks experienced in such matters on this board who may be able to offer their opinion.
 
PR660 said:
Other vehicle's insurance co determined me to be at fault, but this is clearly discrepant.
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Clearly discrepant with what? We exhaustively illustrated last year why your evidence didn't support your conclusions.

PR660 said:
As advised by my own insurance agent, I sent the demand letter to the opposing insurance company rep, who is based in Scranton PA. I'm in CA.

I never got a reply. I am ready to file a small claims suit in court.

1) Is this the appropriate entity (stated above) to file a small claims case against,
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If "this" refers to the other driver's insurance company, the answer is no. You don't sue the insurer; you sue the other driver.

PR660 said:
2) I'm assuming I file in the county court in which the accident occurred...?
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You may sue in either the county where the accident occurred (which is San Bernardino county since the accident occurred in Chino Hills) or the county where the other driver lives.
 
PR660 said:
Other vehicle's insurance co determined me to be at fault, but this is clearly discrepant.
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That another party disagreed with you does not mean that they were wrong.

You were at an all way stop. If the other party arrived at the intersection before you, then they had the right of way.

PR660 said:
Any other details will be helpful.
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Limit yourself to facts. Relevant facts, succinctly.
 
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