QUESTION
What can I do if the insurance company of the other driver wants me to pay 10% even if it’s not my fault?
Asked on Feb 15th, 2014 on Personal Injury - Missouri
More details to this question:
I was driving west in the early evening when the other driver coming from the opposite direction in a two lane highway made a illegal u turn and hit me head on. He total my total my car. His insurance company is trying to say that I am to take responsibility of 10% of the accident because they claim my headlights won't on can I get some advice on this? By the way, the other driver got a ticket for this accident. I did not.
9 ANSWERS
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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Tell the insurance company to take and hike. Either it pays you all you are entitled to receive, or you sue their insured.
Answered on Feb 21st, 2014 at 5:26 AM
Automobile Accidents and Injuries Attorney serving Knoxville, TN
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Baker Law Firm
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If an agreement cannot be made with the insurance company which you are satisfied with, the only recourse is to file a lawsuit (which might be done in a court of limited jurisdiction if it is a small claim- General Sessions in Tennessee) to seek full compensation. The fact that the other drive was cited for a violation may not be binding in the court case, and the other driver will be able to assert that you contributed to the accident if your lights were not on and your were required to have them on by law (in Tennessee 30 minutes before dusk and 30 minutes after dawn.)
Answered on Feb 20th, 2014 at 5:59 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Tell the insurance company to pay up or you will sue their insured for all of your damages including the personal injuries that you sustained.
Answered on Feb 20th, 2014 at 5:46 PM
James Eugene Hasser
Presuming you have no injury claim and the only matter in dispute is property damage, you can make a collision claim on your own policy and let your insurance company worry about getting their money back. Good luck.
Answered on Feb 20th, 2014 at 4:59 PM
Edwin K. Niles
You don't answer the obvious question: Was it dark? Were your lights on? What does the police report say? Insurance companies will do whatever they can to minimize your claim; that's what their adjuster is paid to do. Is this an injury claim, or just property? If injury, get a lawyer.
Answered on Feb 20th, 2014 at 4:52 PM
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This is a common practice. Your alternatives are to sue or file a claim with your own insurer who will then seek recovery from the insurance company of the other driver.
Answered on Feb 18th, 2014 at 4:07 PM
Personal Injury Attorney serving Louisville, KY
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Sam Aguiar Injury Lawyer
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Insurance companies can take some absurd and incomprehensible approaches to determining liability percentages in a collision. From the sound of it, you did nothing wrong here and they need to accept full responsibility. Tell them you are hiring a lawyer if they do not pay for 100 percent of your damages. Also, you could do an open records request for the 911 audio to see if there is an independent witness who called in and will give you a statement to support your stance.
Answered on Feb 18th, 2014 at 4:07 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you still had the car, have someone check out your headlights. If the filament in the headlight is burned out, then your lights were on. If the filament in your headlights are still intact, then your lights probably were not on (that is, if the headlights themselves were broken).
Answered on Feb 18th, 2014 at 4:07 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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Do not agree to pay anything. The matter will probably go on to arbitration.
Answered on Feb 18th, 2014 at 4:06 PM