If someone hit your car is it right for the insurance company to charge you for the damage that the other car did? I got hit on the side of my car and I called the persons Insurance people the checked my car and made estimates on it. They told me I was 60% liable for my car while the person that hit me is only 40% liable. Should I take it to court?
2006-08-18 06:53:21 · 8 answers · asked by Nita C 2 in Cars & Transportation ➔ Insurance & Registration
If you think that the accident was not your fault then yes.
2006-08-18 07:01:04 · answer #1 · answered by keepergary 3 · 0⤊ 0⤋
It is very easy in a comparative negligence state to find some degree of negligence on the other party (being you). However, that is a negotiable number. You should expect that if they are saying 60% now, chances are they may be willing to pay more than that (maybe they're thinking 75-80). I don't know what happened, and I don't know what state you're in(there are only 6 or so that aren't comparative states now), but your choices are to take it, negotiate to a number you think is fair under 100%, go through the chain of command in management with the other company, turn it over to your insurance (if you carry collision) and have them file arbitration against the other company, or sue. If you sue, there is no guarantee.
2006-08-18 10:30:28 · answer #2 · answered by Chris 5 · 0⤊ 0⤋
Sounds like you are in a comparative neglience state. You do not describe what happened in the loss, so I cannot say for sure if they are right or not. IF you really feel that they are 100% at fault, you can take it to court, but depending on the amount of the estimate, and the time that you will spend going to court, paying to file a suit and the fact that there is no guarantee that you will get more money, you may be stuck taking what they are offering.
2006-08-18 07:23:51 · answer #3 · answered by deadcars42 3 · 0⤊ 0⤋
Well, that varies from state to state. I would call your agent, to see if your state is a comparative liability state. Were you parked? If your car was parked, you can't be at fault. But if you were moving, depending on how the accident occurred, you COULD have partial blame.
Again, some states say whoever has more than 50% of the blame pays for the whole accident, but some say, each party pays the percentage in accordance to their fault.
In either case, you NEED to get your own insurance company involved, so they can defend you, and maybe reduce that 40% number.
Lots of luck!
2006-08-18 07:23:51 · answer #4 · answered by Anonymous 7 · 0⤊ 0⤋
Was it in a parking lot or on a public road? If it was on private property (like a parking lot) it is just your word against theirs. In Texas, the police won't even get involved unless the damage is over $1,000.00. Call your insurance company and they will help you fight the other company. Unless you uninsured and in that case, you deserve what you get.
2006-08-18 07:07:21 · answer #5 · answered by Mike Hunt 5 · 0⤊ 0⤋
were you parked? legally?
if you were both moving, then they have found that you were more than 50% at fault. if you do not feel that you were in any way responsible for the loss, then yes. if you honestly can say you contributed to the accident- then they are probably right.
it really depends on the details...
hope this helps.
2006-08-18 07:03:02 · answer #6 · answered by bellytail 5 · 0⤊ 0⤋
You may go to the court but only through your insurance company. As they have insured your property and any claim against it, has to be settled through them only.
best of luck!
2006-08-18 23:18:34 · answer #7 · answered by win 1 · 0⤊ 0⤋
Need some more info.
2006-08-18 09:50:47 · answer #8 · answered by Papa John 6 · 0⤊ 0⤋