My husband was in an accident. No ticket was written. The police report checked a checkbox for both drivers being "inattentive", and for the other driver "making an improper turn". The description states that the other driver made an improper right turn from the middle lane, causing my husband to collide into him.
The other guy's insurance company says they will only pay 40% because my husband is at fault. Personally, I didn't know that not paying attention was illegal, while making a right turn in front of someone from the middle lane clearly is. How can he go about contesting this?
2007-01-22 10:00:17 · 7 answers · asked by PoledraDog 1 in Cars & Transportation ➔ Insurance & Registration
The only way an insurance company listens is by filing a lawsuit. They won't change anything until you do. Even if you do file the lawsuit, expect to not go to court as insurance companies will settle 99% of the time because it is cheaper than court costs. Been there, done that 4 times......got what I wanted 4 times.......went to court only once (and this was an individual I was suing not an ins co.) That time I went was a motion to dismiss trial and after I won that, they again settled and didn't go to trial. GOOD LUCK!
2007-01-22 10:06:46 · answer #1 · answered by gin and juice 3 · 0⤊ 2⤋
Failure to use due care and attention IS against the law. You should file the claim with YOUR insurance company and let them hash out fault. If your hubby had sufficient time to avoid the accident but failed to do so due to inattention it's entirely likely that he'd bear the major fault in the accident.
Regardless of how fault is normally assigned, the last person who could have reasonably avoided the collision but failed to do so (even if they'd otherwise not be held at fault) will often bear the majority of the fault for the accident. This isn't widely know by the motoring public, but is well known by the insurance companies.
2007-01-22 21:57:36 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Isn't your husband's insurance company helping him and representing him in the negotiations? They really should be.
Although it seems like you are dealing directly with the other persons insurance company, you really aren't, you are dealing with the other driver, and he is looking to his insurance company to get back some of his losses.
If you don't feel you are being treated fairly, don't accept their offer and sign off on things. Figure out what you want, and then tell the other driver what you will accept. He can talk to his insurance about it.
2007-01-22 18:13:40 · answer #3 · answered by oklatom 7 · 0⤊ 0⤋
You contest the matter by first writing them a letter to that effect and possibly returning any check they have sent.
Whatever you do, do not cash any check they send without consulting with YOUR insurance or your attorney. If your insurance company covers you this, the matter would likely be moot but since you are asking the question I assume that it does not.
If you can not agree with the insurance company on matter, then you will have to sue the other driver for the damages (not the insurance company - they will represent the driver). At this point you may want to have legal representation to even the scales...
Lastly, just remember that your attorney will be paid from the settlement so factor that cost in with your auto repair costs.
good luck....
.
2007-01-22 18:09:06 · answer #4 · answered by ca_surveyor 7 · 0⤊ 0⤋
You can submit your request for reconsideration in writing.
NO, inattention is not illegal...it's negligent behavior. When you're driving a car, be ATTENTIVE is a must. Do I think it carries 40% negligence? NO....maybe 25% at most.
If you have collision coverage go through your own carrier. They will subrogate the others guys insurance, they won't pay and your insurance will pursue it in arbitration.
2007-01-22 21:41:03 · answer #5 · answered by bundysmom 6 · 0⤊ 0⤋
Turn the claim in to your insurance company. They will fight it out with the other company. That is part of what you pay them for.
2007-01-22 18:07:22 · answer #6 · answered by J.R. 6 · 1⤊ 0⤋
ask here http://www.servicesarticles.com/Ask-a-Lawyer.html
it's free, they are lawyers
2014-06-12 15:37:42 · answer #7 · answered by Logical Mind 5 · 1⤊ 0⤋