Damages.....

Asked over 1 year ago - Boston, MA

It an auto accident occured and my insurance company found me not at fault and the other party found 50%-50%.. and I obtained an attorney for injuries that I rec .. can an experienced
attorney negotiate the level of fault from the other insurance company or the 50%-50% decision
remain final ?

Attorney answers (10)

  1. Thomas J Callahan

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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... more
  2. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . 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.

    Good luck.

  3. Philip Andrew Stroud

    Contributor Level 6

    7

    Lawyers agree

    Answered . 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.

  4. Henry Lebensbaum

    Contributor Level 20

    5

    Lawyers agree

    Answered . What???

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  5. Lars A. Lundeen

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.

    This ans. does not create an attorney/client relationship.
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . You did the right thing by hiring a lawyer, as the insurance company was not playing fairly.

  7. Christopher W. Vaughn-Martel

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.... more
  8. Richard Carey Hyman

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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.

  9. Matthew C Simon

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  10. Christopher Steven Hoffmann

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

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