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

Asked almost 2 years ago - 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. Ryan S Montgomery

    Pro

    Contributor Level 13

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

  2. Bret A. Schnitzer

    Contributor Level 16

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    Answered . 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... more
  3. Kevin Coluccio

    Contributor Level 20

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    Answered . You would need to sue the other driver.

  4. James Lawrence Magazine

    Contributor Level 16

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

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