Two weeks ago I was in a car accident. The other car driver received a traffic ticket but I did not. When it came to the Car insurance though her car insurance company did not honor my claim stating that i had to not be at fault for the accident not even by 1% in order to have my claim approved.
The other driver was hit broadside on her passenger side, but my entire front of my car is a wreck. Basically she ran a red light, I had a green light didn't see her when entering the enter section and we collided.The insurance company stated that she had the right away even if she ran the light because, supposedly its my responsibility (even if there is a car in front of me blocking my view of the intersection) as a driver to make sure that the intersection is clear before entering it. She was able to drive home, but my car is totaled $2000 worth of work. She didn't get her claim honored either because she was also found at fault by my insurance company.
Is it worth sueing for
2006-11-05 09:25:01 · 5 answers · asked by NAT 3 in Cars & Transportation ➔ Insurance & Registration
First of all, a ticket has no bearing on a liability investigation by an insurance company. You must have been in a contributory negligence state. Contributory negligence bars you from recovering from the other person if you are even 1% at fault. You get nothing. I find it very odd that they are denying you on contrib. They must be using the fact that you should not enter the intersection unless it is clear to do so, but I am frankly, surprised that they see that as 1%. But they are within their right to apply contributory negligence if they determine some rests on you.
You can't sue for your property damage if you have collision coverage with your insurance company you must use it, then your company can file arbitration and would include your deductible in what it seeks in recovery.
If you don't have collision coverage then you can sue in small claims court, but every suit filed is a crap shoot. There is no guarantee you will win. In small claims or District Court there is only a judge hearing your case, and if he knows the law, and knows contrib can be applied, you may lose again and be out the expense to file. Totally your choice, of course. Just know it's never a guarantee no matter how good your case seems.
2006-11-05 09:58:02 · answer #1 · answered by Chris 5 · 2⤊ 1⤋
That's crazy! I don't understand how she is not liable for running a red light, isn't that illegal? Were the police on the scene? Do you have a police report?
I don't know anything about suing. You can get a free consultation with most lawyers.
2006-11-05 09:30:41 · answer #2 · answered by Anonymous · 1⤊ 1⤋
Yes it is. The other driver was cited and you were not means the accident is their fault. Contact a lawyer right away.
2006-11-05 09:29:19 · answer #3 · answered by ©2009 7 · 1⤊ 1⤋
Yes...f*ck responsibility...the rule states that if the light is red that means stop. Yours was green and YOU have the right of way. You should definitely sue.
-AQA
2006-11-05 09:33:51 · answer #4 · answered by AnonymousQuestionerAnswerer 3 · 1⤊ 1⤋
Take her insurance company to court,they are clearly wrong in their decision.
2006-11-05 09:30:08 · answer #5 · answered by gdwrnch40 6 · 1⤊ 1⤋