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50% 50% Percent. How Do I Dispute A Insurance Decision

Been the victim of Legal Malpractice? Discuss it here.

50% 50% Percent. How Do I Dispute A Insurance Decision

Postby Audel » Sat Dec 03, 2016 6:31 am

I was in a two-car accident.  Basically I was going north in a one lane road to pick up my takeout dinner.  The restaurant was on the right side of the road.  I slowed down and made a right turn and the other driver came from behind and tried to pass me on the right side and we collided. He claimed I was trying to make a left turn since my left turn signal was on and I disputed that.   There was no place to turn to the left immediately at the accident spot.  The left turns were 60 feet before and after the accident spot and both turns goes to the same apartment builds(i.e. no outlet).  The restaurant record showed I called at 8:30pm and the accident happened at 8:45pm right next to the restaurant(I also have records to show 4 dinner orders from that restaurant in the past two weeks).  My car eventually stopped right at the right side of the lane and the other car ended 3 car-length in front of me, partially on the sidewalk, partically in the restaurant garden.  There are black tire marks on the right edge of the lane from the other car indicating he was going fairely fast(in a 25mile zone).  The police report mistakenly stated I have stopped.  It mentioned the other driver claimed I had the left turn signal on.  And since there was no witness the other driver's insurance company assigined fault 50%-50% on both drivers and my insurarnce put the other driver at 100% fault(both driver has only liability insurance).

My question is what options do I have to dispute with the other dirvers insurance?  They indicated they are only willing to change their decision if there is a legal eye witness(i.e. the police identified as an eye witness).
Audel
 
Posts: 42
Joined: Sun Mar 30, 2014 2:18 pm

50% 50% Percent. How Do I Dispute A Insurance Decision

Postby Yuan » Sat Dec 03, 2016 4:20 pm

I was in a two-car accident.  Basically I was going north in a one lane road to pick up my takeout dinner.  The restaurant was on the right side of the road.  I slowed down and made a right turn and the other driver came from behind and tried to pass me on the right side and we collided. He claimed I was trying to make a left turn since my left turn signal was on and I disputed that.   There was no place to turn to the left immediately at the accident spot.  The left turns were 60 feet before and after the accident spot and both turns goes to the same apartment builds(i.e. no outlet).  The restaurant record showed I called at 8:30pm and the accident happened at 8:45pm right next to the restaurant(I also have records to show 4 dinner orders from that restaurant in the past two weeks).  My car eventually stopped right at the right side of the lane and the other car ended 3 car-length in front of me, partially on the sidewalk, partically in the restaurant garden.  There are black tire marks on the right edge of the lane from the other car indicating he was going fairely fast(in a 25mile zone).  The police report mistakenly stated I have stopped.  It mentioned the other driver claimed I had the left turn signal on.  And since there was no witness the other driver's insurance company assigined fault 50%-50% on both drivers and my insurarnce put the other driver at 100% fault(both driver has only liability insurance).

My question is what options do I have to dispute with the other dirvers insurance?  They indicated they are only willing to change their decision if there is a legal eye witness(i.e. the police identified as an eye witness).
Yuan
 
Posts: 40
Joined: Thu Feb 20, 2014 5:18 am

50% 50% Percent. How Do I Dispute A Insurance Decision

Postby Romeo » Sun Dec 04, 2016 11:58 am

Hi Yufeng,

Insurance companies have an obligation to their clients to accept their statements as true and factual, until proven otherwise.

Your company accepted your statement and assigned the other party 100% fault.  His company accepted his statement and assigned fault as 50/50.

To the best of my knowledge, it is illegal in all states to pass a car on the right side unless he has already entered a legally marked left turn lane.

As I see the situation(since there were no witnesses), your only option is to file against the other party in small claims court.  There is a filing fee of about $15 and a charge to have the court serve the other party of about $25.  If you win, you get the amount you sued for plus court costs.  Research your state laws to verify that it's illegal to pass on the right(you can do this on line).  Many states allow attorneys in small claims court.

Type 'yourstatename small claims court rules' into your web browser and hit go.  Read the rules. If an attorney is allowed, notify your insurance company so they can have an attorney available.  They will want to spend a hour or so with you a day or 2 before the appearance date to review the case.

Even if an Attorney is not allowed in small claims court in your state, Notify them that you have filed small claims court action and request that they spend some 'coaching' time with you so you will know the procedures of the court.

When you appear in court, have a copy of the police report, a copy of the law that prohibits passing on the right and 2-3 estimates of the damage to your car.

Good Luck,

Bennie

San Francisco Bay Area 9-03-07 4:40 PM PST
Romeo
 
Posts: 42
Joined: Mon Jan 13, 2014 11:11 pm


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