by Guest » Thu Dec 23, 2010 02:47 am
I am so upset, please help. I was involved in a car accident where I was driving straight ahead in the left lane. An impatient aggressive driver wanted to get around me so he went into the left turning lane and tried to cut me off but ended up side swiping me. He lied to his insurance company telling them that I cut him off from the right lane to the left lane!! However, the police report was in my favor. Stating that I had the right away and the other car was in a turning lane and had a failure to yield. Clearly i am 100% NOT at fault. My insurance company told me that I was not at fault but the other insurance company is giving me a hard time saying that it is his word against mine and it culd be 50/50 even though the police report clearly state that it is entirely the other driver's fault. I am 7 months pregnant and the aggrevation I am going through has really taken a toll on me. I am scared everythime a car comes near me, I flinch. Can I sue?
Posted: Thu Dec 23, 2010 06:21 am Post Subject:
Clearly i am 100% NOT at fault.
Apparently the at-fault party's insurance company doesn't think so.
Can I sue?
Sure. But it would be best to wait until the at-fault party's insurance company actually denies your claim. But you could file the complaint at any time. You do not sue the insurance company, but the person who caused your damages. If he loses the case, then his insurance company will have to pay.
On the other hand, if you have collision coverage on your vehicle, you could simply pay the deductible and allow your company to pay for the repairs. Then you sue the at-fault party in small claims court for your deductible instead of the entire damages.
Posted: Thu Dec 23, 2010 06:22 am Post Subject:
You're not bound to accept any settlement offer that comes your way. At times, it could be a bit diffcult to establish 100% fault, but still you need to wait. Once you agree on a final settlement offer, you can't change it anymore. You might be facing further complications concerning your health in the future.
You'd need to be aware of your state laws in order to sue the other party. If you're in a no-fault state, you could certainly get compensated by your own insurer, and they in turn could seek compensation from the other party. Have you discussed such a possibility with your insurer?
Posted: Thu Dec 23, 2010 06:31 am Post Subject:
I was amending my response when Steven popped in.
"Can I sue?"
Sure. It would be best to wait until the at-fault party's insurance company actually denies your claim. But you could file the complaint at any time. Understand that you do not sue the insurance company, but the person who caused your damages. If he loses the case, then his insurance company will have to pay.
If the total cost of the repair (and any "general damages" -- pain and suffering/aggravation -- you believe you should be compensated for) exceeds the small claims court limit, you will have to sue in the next higher court. The insurance company will provide the at-fault party a defense attorney, which means you would probably want an attorney of your own (but your insurance company will not provide that), so you'll end up paying 30%-40% of your award (if you win the case) to the attorney.
On the other hand, however, if you have collision coverage on your vehicle, you could simply pay the deductible and allow your company to pay for the repairs. Then you turn around and sue the at-fault party in small claims court for your deductible instead of the entire damages. Your insurance company will go after the other insurance company to recover its loss on your behalf. In small claims court, you are unlikely to be able to recover for "pain and suffering".
Posted: Fri Dec 24, 2010 12:15 pm Post Subject:
Great explanation Max!
Many of us do forget that we're indeed suing the person who caused the damage instead of his carrier. I'd also agree that it's better that we wait till our claim gets rejected.
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