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Auto Accident. Other driver failed to yield oncoming traffic in same direction. Company offered 80/20. Who do I take to court?

Anderson, SC |

I do not have collision, therefore I have no one fighting for me. The other insurance company accepted fault, but said, "It looks like that maybe you contributed to the accident by the looks of the damage to the car." There was no way to avoid the accident. I tried. I think they are hoping I'll take it because my insurance company isn't going to be paying anything. I will NOT accept anything less than 100%, not just for my loss but because they should not be allowed to take advantage of people. I think it would be pretty simple to take it to small claims myself because they would have to prove that I was not being a defensive driver in some way and the facts already present are in my favor. Who would I file a small claims suit against? The company, the adjuster, or the other driver?

Attorney Answers 4

  1. Best answer

    The other driver. He/she then sends it to his/her insurance company. Insurance company is who would ultimately pay if you win

  2. In Michigan you would sue the other driver. Check your local attorney on this. Good luck

    You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think.

  3. You would need to sue the other driver.

  4. I agree, you need to file suit against the other driver.

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