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Can I tell the insurance company NO to their settlement offer?

Stockton, CA |

A lady ran a red light as I was making a left hand turn on a green arrow and struck my car head on. The police were on scene and after getting the Police Report she was 100% at Fault due to an independent witness. I was cited for having a suspended license. Now her insurance company said they found me 10% negligent to the accident and their client 90% negligent. So her insurance compant will only pay 90% of the total loss of my vehicle. The police report reads that the other women was completly negligent in the accident. Although, I did not have a valid license, that did not cause the accident. Can I tell them No and ask for them to make another settlement offer? This can't be right.....

Attorney Answers 4


  1. You can tell them no. That is why it is a settlement offer. If you and they do not settle your remedy is to file a lawsuit against them. You may or may not do better at trial but it will take a long time and a lot of money to get there. You might do better with a personal injury lawyer.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  2. Yes, you can say no. "No" is a legitimate bargaining tool. Get better numbers on what the property damage loss is and keep negotiating until you get what you want. Your post does not indicate injuries, but if you were injured you need to retain counsel.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


  3. Yes. You can always decline their offer and make a counteroffer of your own. There are "dueling" California Vehicle Code sections on this scenario. One states that any driver making a left hand turn should only make the turn after all cars coming in the opposite direction have passed with enough distance to eliminate any hazard of collision. However, there is, obviously, a provision which states that you cannot run a red light. The fact that you had a green "arrow" instead of a green solid signal makes your case even stronger.


  4. My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

    My website is located at www.thepersonalinjury.com .

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