QUESTION
Can I sue an insurance company for not covering 100% of damages?
Asked on May 02nd, 2013 on Personal Injury - California
More details to this question:
I went in a collision with another vehicle. I was on a busy street when the other vehicle pulled out from the side street into the intersection. He had a stop sign and I did not. I ended up hitting him, but he got the citation, and the officer said he was at fault. His insurance is claiming that I may be partially liable because he did stop. Regardless, I had the right of way because I didn't have a stop sign. Can I sue for the remainder of the damages that they are not covering?
14 ANSWERS
Yes, you can sue for everything and should not sign any release until you are satisfied.
Answered on May 24th, 2013 at 12:28 AM
Ronald A. Steinberg
Get a lawyer. Insurance companies do NOT want to pay anyone, and so they will say and do whatever they can to avoid paying.
Answered on May 07th, 2013 at 3:13 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are talking out of both sides of your mouth. You are saying they have paid the damage in part but claiming you are in part at fault which suggests they ought not pay you anything. when you stop at a stop sign you still violate the law if you drive into the intersection and cause a wreck. You must not only stop but remain stopped until you can see the way clear. If the way is not clear you are guilty. It doesn't matter if he stopped 10 times. Sue the rascal if you care to but it sounds like a small claim that wont get much respect or attention from anybody.
Answered on May 07th, 2013 at 2:41 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, but they probably are making/have made you sign a release when they partially compensated you, and that release (if you signed one) will prohibit you from pursuing the balance of the damages.
Answered on May 07th, 2013 at 2:37 PM
NA richard@jandjlaw.com
You are the favored driver w/ the right of way. You have the right to assume that the disfavored driver will obey the law and yield. In that regard you cannot be found to be comparatively negligent until you know / reasonably should know that the other vehicle is not going to yield. The. You are allowed a reasonable perception and reaction time, usually 3/4 of a second for each so at least 1.5 seconds. If you were going 25 you err going 40 feet on one second or 60 feet in 1.5 seconds. SO, by the time you realized the other guy was not going to yield, the dye was already cast. Don't let the other guys ins co buffalo you.
Answered on May 07th, 2013 at 1:59 PM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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You can and should sue for the remainder of your damages, and you may have a claim for diminished vehicle value. Please note, you have only three years from the date of collision to file a lawsuit for damages.
Answered on May 03rd, 2013 at 2:56 PM
John Hone
Sure you can sue, but there is a dispute of fact and a defense. You would have to go to trial and prevail to get 100% damages. The trial, even if you did it alone without a lawyer, would cost you more than the damages to the car.
Answered on May 03rd, 2013 at 2:53 PM
James Eugene Hasser
Alabama is not a comparative negligence state, but you should be able to sue for all 100% damages. It would be up to a judge or jury to determine what % you get.
Answered on May 03rd, 2013 at 2:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should engage an attorney and explain all of the circumstances. From what you of relayed it would seem that you have a good cause of action.
Answered on May 03rd, 2013 at 2:52 PM
Thomas Edward Gates
Yes, you can sue the driver for the balance. However, remember that the "value" you place on your vehicle can vary and you may never get the amount you think you are owed.
Answered on May 03rd, 2013 at 2:52 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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The short answer is "yes."
Answered on May 03rd, 2013 at 2:52 PM
1 Award
Wisconsin is a comparative negligence state. That means your damages are reduced by your percentage of the negligence. In the situation you describe, the negligence is rarely 100% on one of the drivers. My hunch is that you will be found to have been at least 10% at fault.
Answered on May 02nd, 2013 at 11:55 PM
Car/Auto Accident Attorney serving Hacienda Heights, CA
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Gary Lee Platt
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From what you have described, the insurance company for the other driver does not have a valid argument against paying you for ALL of your damages. However, insurers often make these arguments because they know that you do not know the law and cannot argue against them effectively. You need to hire an attorney to deal with the insurance company and obtain for you all of the damages to which you are entitled.
Answered on May 02nd, 2013 at 11:16 PM
Yes. Speak to your insurance company if they wish to file a lien on your case so whatever you recover they get back what they paid you or if they will handle getting the money back themselves.
Answered on May 02nd, 2013 at 11:16 PM