Insurance company said I'm 100% at fault for car accident so i have to pay all damages what can i do?
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I was in a car accident and found out that my insurance company had not informed me that my coverage had lapsed. They wont cover the accident. I was turning left in residential area speed limit was 25. was going 5mph he had to be going atleadt 35 to thorw my car onto the side walk. My car is wrecked and now his insurance company is saying im 100% at fault and i have to pay all his damages. I know im 55-70 percent at fault and i should only be required to pay the percent of the total. I cannot afford to pay that amount and i was told by some attorneys to take it to court and to work with the judge to get the price reduced? Both tickets were dropped in court and im just wondering if i should just set up a payment plan or take it to court and try to get it reduced?? any help would be great.
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Answer:
Why do you think you aren't 100% at fault? It doesn't matter what speed the vehicle you cut off by turning left in front of them when the way wasn't clear to do so was traveling. You should not have turned left until the way the clear. An accident is a pretty good indicator the way was not clear, therefore you have 100% of the fault. If you talked to attorneys and they had suggestions, try what they suggested if you want. But bottom line is this: You are responsible for the other party's damage. Did your insurance have your right address? Even if they didn't notify you, most people can read an expiration date on a policy or have some idea of when a payment would be due.
Ross S at Yahoo! Answers Visit the source
Other answers
Well, the insurance company's decision and a small-claims civil dispute are two different things. You can certainly file a small claims case and see what happens. The problem with that is the other party will have a lawyer to represent them...and you won't. Small claims doesn't need to involve attorneys but since he is insured one of the things he's entitled to is legal representation should he be sued. There's going to be you on one side, and an attorney along his. Do you feel you can adequately argue this case alone? Hiring an attorney would cost more than this case would be worth for you. Based on what you've said, you could have a case for comparative negligence. Yes, you failed to yield the right of way. This would place you majority at-fault. If he struck the middle of your car as described, he is likely to have some negligence as you had control of the roadway since you proceeded first. So, the right-of-way rule is a little different for this accident. Without seeing photos or anything additional, I can tell you I have certainly paid out on claims where the opposing party was in your place. 2k may just be worth paying to avoid the hassle. What you might want to do is see if the company will settle for a lesser amount if you can pay it in full (i.e. a credit card). Just an fyi, the other company has the right to subrogate against you whether you file a civil case or not. They can and will send you to collections if you choose to sue and don't pay them. **If there are no independent witnesses to this loss, your claim of excessive speed on the other driver is moot as it is impossible to prove.
Hoorayforthat
Insurance companies always send letters out stating that your payment has not been received or that a policy will lapse if not paid by a certain time. I think you would be better off contacting a lawyer for a consultation and finding out your legal rights. The other person in the accident can file claim thru his insurance company via an uninsured motorist clause. But you really need to speak to a lawyer to find out your options.
trivia buff
Well, if you were turning left, and he was going straight then you are at fault. You failed to yield in your turn. You can argue that he was going faster then the speed limit, but I dont think youll get far. Youre civilally liable and will have to pay. You can try to set up a payment plan, but your civil liablity will probably be the same.
schurz04
sorry but sounds like you were at fault and you're gonna have to pay. as for your insurance, they sent you notice, you may not have gotten it due to the mail system, but i PROMISE you they have a copy of the notification sent out. it IS your responsibilty to keep track of when your payments are due, not your agents. im not sure goin gto court is goin gto help you. i doubt the judge is going to lower the amount if its actually the amount needed to pay the other persons damages. your best bet is to try and work with the person to pay it in payments.
Queen B
In most states, the person making a left turn only has the right of way if they have a left turn arrow. At all other times, the person turning left has to yield to all other vehicles. You are 100% at fault, since you were turning left. Even if you had a left arrow, if you could have avoided the collision, it is your responsibility to do so.
Scott H
Ross, I own a company that handles claims for insurance companies against uninsured people, including in IL. Don't listen to anybody that tells you that you are 100% for this accident. Unless you made a left turn into the side of the other car, this is a comparative negligence case. From the info you have provided I would guess you are 75% to 85% at-fault for this. There is no way you are going to pin 50% of the fault on the other guy. The best answer so far is from Hoorayforthat. They did a ggod job of explaining what you are facing. I will add the following. In IL this is definitely a comparative negligence accident and that means that both drivers can be held partially responsible for an accident. The other guy was the striking vehicle and has a duty to make sure the intersection is clear before entering it. That may mean they have to slow down or stop to avoid you. If you haven't already done so, write or email the other guys insurance company and offer to pay them 70% or 75% on a monthly payment plan of a $100 or so. Do this in writing or email so you have some documentation in case you end up court. Going to court is not an automatic guarantee that a judge will reduce what you owe. I have been forced to sue people who refused to pay for an accident and every now and then we get awarded more than we expected we should get. So going to court might backfire on you. Plus you need to keep in mind that if they win, they will get a judgment against you and may be allowed to add up to 12% interest to whatever you owe. Good Luck and if you haven't already done so get new insurance coverage.
fighting saints
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