A lady either did not stop at a stop sign or did not yield (I'm not sure) last Friday, and I hit her at the intersection (I did not have a stop sign). Her insurance company is claiming that I am 10% liable because I should have seen her coming, that it is my responsibility to pay attention to drivers on the side streets. I can agree with that, however, the street has houses lining it, which would not allow me to see her coming down the road. I was told at one point that they are basing my liability on the fact that I stated in the recorded statement that I saw her at the "last second". I also stated in the statement that I tried to brake and turn to avoid her, but was unable to. My husband has said to hire an attorney, but I'm know that will cost us more than the 10% that they are not willing to pay at this point. Any advice? What should be my next step?
2006-10-16 05:37:13 · 7 answers · asked by sunshineandsilliness 2 in Cars & Transportation ➔ Insurance & Registration
I am in Indiana BTW
2006-10-16 05:42:23 · update #1
I have called my insurance company, but I have 1000.00 deductable and no rental car insurance (and we are a one car family with three small children in a fairly rural community, so I NEED the rental car). They will take care of it with those restrictions. They (my insurance co) are taking care of my medical for now, as I had back strain and my doctor has recommended that I do not settle on the medical yet due to the possibility of ruptured discs until the strain is healed.
2006-10-16 05:45:56 · update #2
That's how comparative negligence works. Your choices are to take the 10% reduction, have your insurance company handle it which will make you whole, less your deductible, or pursue it by complaint up the chain of command to see if you can change their mind. If your insurance company pays it, you'll have all of your damage covered (less your deductible, which may actually be more than you 10% liable) they will take the 90% the other company is offering as reimbursement. You'd get 90% of your deductible back if they recover that amount. It's up to you. Ten percent is a very small amount, and they are clearly grasping. You have good arguing points that you can only be aware of vehicles on side streets if they can be seen, and you do have the right of way. Whether you'll succeed in that argument, who knows?
2006-10-16 10:13:58 · answer #1 · answered by Chris 5 · 1⤊ 0⤋
Ten percent is really reaching -- sounds like the other company is attempting to snow you or you could possibly be dealing with an over eager claims adjuster. A lawyer (if you could find one stupid enough to even take this) will charge you at least $100.00 per hour for nothing. Go back to the intersection when traffic is light (maybe very early in the AM) and reconstruct the accident. If your line of sight was indeed blocked contact the manager of the insurance company and respectfully request they examine this claim again, have one of their adjusters do a scene investigation if possible. One second to avoid an oncoming car isn't much time -- on the other hand, if the view is clearer than you first thought you may want to reconsider.
2006-10-16 12:44:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The lawyer will take 33% of the settlement for personal injury typically. That will cover all the hassle including the damages. I would, in this case ( and there are not many).
Your insurance company should advocate for you and subrogate (seek back your money) from the other company. It appears they found you 10% at fault for Improper lookout which is a driving statute. They are all a bunch of b.s.
claims adjuster
2006-10-16 11:36:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Indeed your insurance company should be handling this for you. It sounds to me like they are just trying to get some way to reduce what they are responsible for by 10%. Bottom line is you can refuse to settle unless they take 100% blame. But if you do that, it may be years before anything gets settled since they have the ability to stall on it. You might want to at least talk to an attorney well versed in such things before you settle.
2006-10-16 07:59:18 · answer #4 · answered by oklatom 7 · 0⤊ 1⤋
Take it to your insurance company and let them take care of it. If they don't then go to court or just pay the 10% to get it done and over with. It also depends on what state you are in. But take it to your insurance company and let them take care of it.
2006-10-16 06:23:46 · answer #5 · answered by Waterfairy 2 · 0⤊ 0⤋
Do you have insurance? You need to turn this over to your insurance company and they will fight it for you, or if it is cheaper they will pay the 10%. Definately good thing to get your company involved in- that is why you pay for insurance.
2006-10-16 05:45:31 · answer #6 · answered by #2 in the oven 6 · 0⤊ 0⤋
If you have insurance on your vehicle...take it to your insurance company. That would also depend on the driving laws of the state that you reside in.
2006-10-16 05:41:08 · answer #7 · answered by cfalways 5 · 0⤊ 0⤋