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Can I recover pain & suffering from my own insurance company even if my ins. co. faulted me for the majority of an accident?

Canton, OH |

Exiting a private dr. (gas station). Traffic was backed up due 2 a red light. I entered the roadway 2 turn southbound, another vehicle traveled down a HAZARD/NO PASS ZONE coming northbound, passing other northbound vehicles that were stopped 4 the red-light.
I used my vehicles turn signal. I looked in both directions before moving my vehicle. I edged out into the northbound lane, checked each way again... No traffic!!!! I entered further into the roadway 2 turn. I caught a vehicle from the corner of my eye & stopped immediately but this vehicle struck mine. My ins. Co. put the majority of the fault on me. I used caution when entering the roadway & tried 2 avoid the accident. The other driver was cited. I did not contribute 2 the accident or cited per police & report. Frustrated! Help!

Attorney Answers 2


  1. Insurance companies can be frustrating to deal with. You should collect your police report and the dec page from your insurance policy and meet with a lawyer. I'd be happy to review the case for you. www.nphm.com


  2. Technically, yes you can recover. Insurance may try to hold you comparatively negligent, so they may reduce the AMOUNT they give you by a certain percentage, but the compensation should theoretically include pain and suffering.

    licensed attorney in Montana. Your specific state laws may be different.

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