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 05:40:05 · 18 answers · asked by sunshineandsilliness 2 in Politics & Government ➔ Law & Ethics
She was hit in the very front of her car. Her passenger side front is where the damage is, and that is the only place where her car was damaged.
2006-10-16 05:59:06 · update #1
I hate to be the bearer of bad news, but as a P & C agent myself, it's true she may have a claim against you. A lot of it is going to depend on where you hit her car. If you hit her on or in front of her front door, inform your ins carrier that you're hiring an attorney. If you hit her on or behind her back door, save yourself the attorney fees because you will be found at least 10% liable for the accident. It is a crappy system, I know, but it's better that you're informed.
2006-10-16 05:55:40 · answer #1 · answered by xsamantha79 1 · 1⤊ 0⤋
Based on just what you've said, and assuming all you have said are all the facts - the insurance company is trying to save money. They owe you more, probably much more than they are saying.
CLUE: Their insured broke the law when she failed to STOP or YIELD. The law says she had a duty to stop which she totally ignored. She is 100% at fault. The law has a term called criminal negligence - it occurs when a person does something (such as run a stop sign) that an ordinary person knows can result in severe risk of injury or death to another person. That is what happened to you when she failed to stop or yield.
Call an attorney. This is an auto accident case. The vast majority of attorneys who try cases of auto accidents take the matter on a contingent fee, meaning they only get paid if you get paid. Also, they do free consultations. Just talk to one before this insurance company lies you into giving up money you are owed.
PS - it is not lawyers who increase the cost of malpractice insurance - it is insurance companies. If they would just pay people what people are truly owed for auto accidents or medical mistakes, then there would be no need to have court cases. Instead, as you have experienced, insurance companies try to wear down victims to save a few bucks. KNOW ALL YOUR RIGHTS BEFORE YOU AGREE TO ANYTHING. Talking to an attorney is free, and you may even be able to do it over the phone.
2006-10-16 06:07:44 · answer #2 · answered by J T 3 · 1⤊ 0⤋
Take pictures of the intersection. If you have a video camera that would be even more effective. Have your husband drive down the same road as the woman did and show at what point you would have seen her. This might help them visualize what you were seeing or not seeing during this event.
I think I would ask your insurance company to stand up for you too. That is what you pay them for.
If worse comes to worst case situation, look into a lawyer and tell the insurance company that you are looking to hire and lawyer and if you win the case that you will be looking to claim the lawyer's fees from them. See if that changes their tune.
Good luck!
2006-10-16 05:45:41 · answer #3 · answered by nordic_winds1969 2 · 0⤊ 0⤋
You should absolutely call your insurance agent. They will know the SPECIFICS OF YOUR POLICY. Do NOT make any statements to anyone other than YOUR claims adjuster, and tell you BF that too. The police are OK of course and always get a name, badge number etc. The person that was in the other car with minor damages could find hidden damage or injuries & want to be compensated. Unlikely, but possible. Also, there is another scenario that would really suck but it could happen. Let's say your BF (Fiancee, Schmee-ancee) was driving your car, with or without permission, but he was drunk (you didn't know of course) -- HE would certainly have some legal culpability in the accident then, wouldn't he? You did not say whether any tickets were issued...but if he was actually at fault (drunk, took the car without your knowledge...) you could sue HIM or his insurance or Homeowner's possibly. And you should, "fiancee" or not! Just a thought...Just please...Call you Insurance Person! Good Luck to you...
2016-05-22 06:31:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You did have right of way in this instance and she would have had to stop at the sign, but you also have a duty to avoid the accident. You can reject the insurance claims that you are 10% responsible, but in this case you would need to get an attorney.
2006-10-16 05:50:01 · answer #5 · answered by londonhawk 4 · 0⤊ 0⤋
It's a bluff. You should be able to get this changed without even consulting an attorney - speak with the police department and your automobile insurance company.
Think long and hard before taking an attorney. Any who work on contingency fee basis have your signature and then you're stuck with the high percentages they charge.
2006-10-16 05:58:53 · answer #6 · answered by JenV 6 · 0⤊ 0⤋
Depending on the attorney, they might be able to get you more than the 10 percent you'd have to pay, even after they take their fee. But you have to decide if you want this to be a rather protracted legal/insurance fight or just get on with your life. For the record I think insurance companies are worse than lawyers, and that their logic in your case is absurd. That's like saying "the semi-comatose drunk that rear-ended you is only 90 percent responsible, because you should have seen him in your rearview mirror and sped up to avoid getting hit."
2006-10-16 05:44:07 · answer #7 · answered by LisaT 5 · 1⤊ 0⤋
In any MVA where there is significant damage to either car or person, hiring an attorney is probably the smart thing to do. Yes it may cost you a bit more than to begin with, but usually the attorney's fee's can be billed directly to the others insurance policy.
2006-10-16 05:44:00 · answer #8 · answered by Athera78 3 · 1⤊ 0⤋
Make an appointment for a consultation with an attorney.
For the $50 or so bucks it will cost you, you will find out if it is worth it to proceed with an attorney or to just pay the 10% and be done with it.
2006-10-16 06:00:52 · answer #9 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
What does your insurance company say? I'd talk to your agent. The insurance companies should be in contact and I'm sure if you have no fault your company will have a thing or two to say. I will say however, that my brother had a similar thing happen and the insurance company said something to the affect that he was partially to blame just because he was in the wrong place at the wrong time, and was partially responsible just because he was there. Weird huh. Talk to your agent.
2006-10-16 05:44:29 · answer #10 · answered by Kathleen M 4 · 1⤊ 0⤋