How can my insurance company and another insurance company get together in mediation and decide against me And in favor for the

Asked over 1 year ago - Cotati, CA

Person who rear ended me in And auto accident . I was involved in a rear end auto accident when i had to hit my brakes and change lanes suddenly to avoid running into a person running across the street in front of me i was at a full stop when i was hit in the rear unfortunately in police report was made but we did exchange insurance and license info the lady that hit me insurance came looked was my car and said nothing to me but it is very obvious that my car was hit in the rear after some time had passed i was notified that i was deemed to be 75 percent was fault how is this possible when i was the one hit in the rear now i have a car that hit wrecked cant afford to fix it and an insurance company that i still pay that i consider having done nothing to help me to get any compensation

Attorney answers (6)

  1. David Andrew Mallen

    Contributor Level 14

    7

    Lawyers agree

    Answered . The reason that the insurance companies are taking advantage of you could be that you are not playing on a level playing field because they have lawyers and you don't.

    If you have a case, you can find tons of personal injury attorneys who will help. I added tags to increase your chance of response from an AVVO.com lawyer

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    5

    Lawyers agree

    Answered . You need to talk to an accident attorney as soon as possible.
    Even if your insurance company determined you were at fault, you may still have claims.

  3. Ilya Demetrios Frangos

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . It is very common for an insurance company to attribute fault to a party in an accident that does not correspond with the factual circumstances of what occurred. You would benefit from meeting with a personal injury attorney in your area that can sit down with you and go over the facts of your case in detail and can advise you as to whether you have a case and the best way to proceed on your case. Most personal injury attorneys offer free consultations.

    I wish you the best of luck.

    --
    Ilya D. Frangos, Esq.
    Law Offices of Galine, Frye, & Fitting
    411 Borel Ave., Suite 500
    San Mateo, Ca 94402
    Phone: 650-345-8484
    Fax: 650-345-9875
    www.dongaline.com

    Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not... more
  4. Steven Mark Sweat

    Contributor Level 19

    3

    Lawyers agree

    Answered . Usually nothing is "decided" in a mediation. The parties discuss their positions and reasons for them but, there is nothing binding about the process. If you were injured, I would suggest retaining an attorney.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  5. Timothy Leo Bowden

    Contributor Level 14

    4

    Lawyers agree

    Answered . If you haven't already done so speak with an injury attorney locally.

    Tim

  6. Robert Bruce Kopelson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your company and their company probably had in interinsurance arbitration to determine fault for payment of the proerty damage. that is not binding on your claims for your deductible or rental car or other property damage; or for any injury claim you make.

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