QUESTION
What to do if I do not agree with insurance 50/50 decision?
Asked on Nov 07th, 2012 on Personal Injury - New York
More details to this question:
I was driving from N. straight on Green light when 84 yr. old lady ran Red light & cut me off from W. She lied to police she had green light. But her adjuster told me in recorded statement she told Ins. accident occurred before light and I came from nowhere & hit her. I showed Ins. Pictures of location where it clearly shows lights. The PO report also showed accident occurred at intersection w/ lights. The lady's statement clearly shows that she drove through the intersection without knowing that there is a light. What to do if I disagree with insurance's 50/50 decision? I have liability only and they are willing to pay 50% of the damage. Can I appeal?
9 ANSWERS
Ronald A. Steinberg
Get a lawyer and sue. The insurance company will act to reduce the amount of money it pays out. If you want justice, you will not get it arguing with an insurance adjuster.
Answered on Dec 19th, 2012 at 12:15 AM
You would have to sue before you appeal. Depending on the amount of the damage you are claiming, you could sue the woman in small claims court. The insurance company would probably send a lawyer or adjuster to argue the case. You would not be entitled to a lawyer however. It is rare an insurance company will change its mind in this sort of he said/she said case. Are there any witnesses to the actual incident? Not the police who came after, but actual witnesses? That would be the critical game changer.
Answered on Nov 09th, 2012 at 5:11 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Not a matter of appeal. You have a "he said she said" case. insurance companies almost never pay full value if they think they have a 50/50 chance to win (and they do) get the best figure you can, settle and get on with your life. You can sue but if you do you can lose, or the jury might Solomonize the case like the insurance company is offering to do. You have a case but not a good case.
Answered on Nov 09th, 2012 at 4:49 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can file a lawsuit for property damage. Also, in most counties in SC, you can request arbitration through the Clerk of Court. it is non-binding, meaning you can still sue if you are not satisfied with t he result.
Answered on Nov 08th, 2012 at 10:16 PM
Personal Injury Attorney serving Raleigh, NC
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Maginnis Howard
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You can file suit against the individual that caused the accident and, if you prove she was 100% at-fault, her insurer would be responsible for paying whatever damages you are able to prove.
Answered on Nov 08th, 2012 at 6:00 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You may appeal by suing her but it is your word against hers.
Answered on Nov 08th, 2012 at 5:56 AM
Thomas Edward Gates
Refuse and demand full payment. If they refuse, retain an attorney.
Answered on Nov 08th, 2012 at 4:47 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, but you can proceed with filing a lawsuit for the property damage if you can wait out the litigation.
Answered on Nov 08th, 2012 at 4:45 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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You can argue with the insurance company to see if they change their mind, you can accept their offer or you can sue her.
Answered on Nov 08th, 2012 at 4:36 AM