i was in a car accident, the party at fault backed out onto the main hwy as i was traveling on it.i hit the breaks but could not miss them, Thier insurance company is saying they are only 90% resposible, if i accept thier coverage can i still file in small claims court against the company who owned the vehicle at fault for the remainder of the costs to fix my vehicle and pay for my rental car?
2006-07-21 15:20:20 · 6 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Since you were not able to control your car, that is, not able to stop before hitting the other car, the courts would find you partially at fault. It's called "comparative negligence".
I'm not a lawyer and don't know the details regarding small claims court but suspect that the same thing would be said in a small claims court, that is, "you were partly at fault because you couldn't stop in time". Actually in some cases like this the police could issue you a citation for "failing to have your vehicle under control".
You can file a claim with your insurance carrier, and, (assuming you have collision coverage on your policy), they will pay for the cost of repairing your car, less your deductible. They will then go to the other guys insurer and attempt to collect the money they have paid out, as well as attempting to get your deductible back for you BUT; the other carrier will settle with your company for that same 90%, AND your company will accept that because they know that you were "partially negligent" in not being able to fully control your vehicle.
Hope this helps explain it.
2006-07-22 02:02:18 · answer #1 · answered by John M 2 · 0⤊ 0⤋
You're better off to turn the claim into your own carrier, get the vehicle repaired, pay your deductible and wait for the deductible to be reimbursed (in full) when your company collects from the other. You will spend more in time and effort in small claims court than the 10% of the damages that you seek. Avoid that route.
2006-07-21 22:26:58 · answer #2 · answered by nobody 5 · 0⤊ 0⤋
I think, legally speaking, that if you take the payment from the insurance company then you're accepting that as final settlement for damages and cannot sue the other party for what the insurance company didn't pay for.
I think if you were to file claim with your own insurance company, you would be entitled to sue the other party for your deductible.
2006-07-21 22:24:52 · answer #3 · answered by WhyAskWhy 5 · 0⤊ 0⤋
Not if you settle with their insurance company for the 90% payment. They will make you sign a paper, or even the back of the check to cash it, that says you will not sue their insured. Hold out for the entire payment.
2006-07-21 22:27:35 · answer #4 · answered by Beauty2020 2 · 0⤊ 0⤋
they allways do that dont setrtle re submit the claim get your insurance company involved they wont charge you and they will help a lot
if you sue expect 2 years to settle
2006-07-21 22:32:40 · answer #5 · answered by mobile auto repair (mr fix it) 7 · 1⤊ 0⤋
i would know im a kid
2006-07-21 22:24:21 · answer #6 · answered by cundiff234 2 · 0⤊ 0⤋