An experienced personal injury attorney will investigate all of the facts of the collision and make the best case possible for as much liability on the other party as possible under the circumstances. Insurance companies often take positions on liability that are proven incorrect. No one can tell you here for certain what your lawyer will be able to negotiate, but hopefully you are confident in his/her ability to do a good job advocating on your behalf.
Atty. Rosenthal gave you an excellent and only possible answer. An insurance company is never a final arbiter (neither is your company's decision binding on the other driver) - that is why we have a litigation system. No fault limits may have a role here, so seek out a PI attorney for a free consultation.
To questioners from West Virginia & New York: Although I am licensed to practice in your state, I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.
the insurance company will not ultimately determine fault. This is done by a judge or jury. You have the right to bring a claim for your injuries. A good attorney will be able to negotiate with the insurance carrier to persuade them to re-evaluate their fault allocation.
Its not up to the insurance company. Its up to a Judge or Jury. Speak with your attorney if you have any questions or concerns. That is what you are paying him or her to do. Good luck.
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I am sure you hired your attorney with the idea that he would press the issue that the other party was 100% at fault. Hopefully your attorney will develop facts that show them the error of their ways in assessing fault at 50/50. Speak with your attorney. Nothing is final until the check is written.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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Negotiations and settlment are only if both parties to the car accident are willing. My typical response to an unwilling adjuster is a lawsuit. Call a personal injury or car accident lawyer. Their law firm will be able to handle your accident injury claim and lawsuit.
A judge or jury determines who is legally at fault. You do not need to accept the determination of your insurer. If you don't like what the negotiated settlement process has produced as a result, then you should prepare to file suit. You may want to get an opinion as to whether a trial will result in a different outcome.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on generalized Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. If you would like an attorney with Vaughn-Martel Law to review your specific situation and provide you with legal options or information specific to you, you may schedule a telephone or office by calling 617-357-4898 or visiting us at www.vaughnmartel.com. Our office charges $100.00 for a consultation, and applies your consultation fee to your first bill if the Firm is hired to perform further work.
An insurance company will always attempt to pay as little as possible. By having an attorney, you have a much more likelihood of obtaining more than what is being offered. An experienced personal injury attorney will know the true value of your case and will be in a position to file a lawsuit if an appropriate offer is not forthcoming. It is unclear to me whether you already have an attorney. If not, I would be glad to meet with you to discuss this further.
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