NOT FAIR!

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Latest post Fri, Jul 24 2009 1:45 PM by adjuster jack. 2 replies.
  • Fri, Jul 24 2009 12:44 PM

    • tser65
      Consumer
    • Not Ranked
    • Joined on Fri, Jul 24 2009
    • IL
    • Posts 1

    NOT FAIR!

    Hi!  I need some insurance advice.  I was in a car accident a little over a month ago.  The light was green and I was heading north on my way home from work about 9:30pm.  The other driver heading south made a sharp left turn in front of me and we collided.  Did I not have the right of way?  We both had the light, but shouldn't he have waited until it was clear?  He told me he was sorry and didn't see me. The cop told me it was his fault and when his mom arrived she gave me all the insurace info and said they would take cae of it knowing it was her sons fault.  I have witnesses that heard her and her son say it was his fault.  When I went to the Police Station to get a copy of the accident report I was shocked to find out he didn't get a ticket. Then I received a letter from his insurance company saying I was at greater fault 51%.  We only have liability on the car so we can't claim it through our insurance.  Should we take it as a loss or go to small claims court?  So confused!

  • Fri, Jul 24 2009 1:00 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: NOT FAIR!

    You certainly can go to small claims if that is how you want to handle it.

  • Fri, Jul 24 2009 1:45 PM In reply to

    Re: NOT FAIR!

    Fair has nothing to do with it.

    The other driver's insurance company is not your insurance company and owes you nothing until and unless a court of law says so. Until then it's all a matter of negotiation.

    Frankly, I'm also surprised that the other driver didn't get a ticket.

    Here in AZ making a left turn in front of somebody and getting hit is an automatic ticket and an automatic 100% at fault.

    Personally, I think the other driver's insurance company is full of baloney, but if you accept their offer, they'll pay you 49% of your damage and then go after your insurance company for 51% of the other driver's damage and you would have an at fault accident on your insurance company record.

    I think you would do a lot better in small claims court. IL small claims limit is 10,000, it's cheap and informal, and you don't need a lawyer.

    It's even possible that the other driver's insurance company will change it's tune once the driver is served with the lawsuit because then they have to add the cost of defending to the cost of the claim.

    No guarantees, of course, but I'd go for it if I were you. You can't just roll over because some insurance company says so.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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