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How strong of a case do I have if I decide not to take their 80% offer to repair damages to our vehicle? 99% is documented.

Lombard, IL |

My wife was rear ended and now the insurance company told us they are only willing to pay 80% since we are 20% at fault. My wife stopped in time before hitting the car in front of her that was stopped. The driver behind my wife tried to stop and swerve to the left but still hit the left rear of our car. He told my wife she can leave the scene, but she didn't. here are the facts:
-Admitted to the police that he was only following 2 cars behind(its on the ticket). Plead guilty in court
- Adjuster said 2 cars is adequate on 35mph
-His insurance stated the he didn't have insurance at the time of the accident(wife and the officer called) and they were investigating.
- 1 month after the accident. they said he did
- Communication was fast as soon as i told them my wife is stressed and pregnant

Attorney Answers 4

  1. Classic case of what I'd guess is a lousy insurance company playing games because they can.

    Your choice is to hire a lawyer to get them to argue 100% liability (and if sued, the plea of guilty should act as an admission of liability on any civil case) or put it through your own company and pay the deductible.

    It's wasteful, unfair, outrageous, and one reason why we lawyers exist--it's the only way to keep insurers honest.

    If your wife was uninjured, you may be best off just getting your company to repair it. If you do wish to follow up with a lawyer, a consultation should be free of charge so I strongly suggest you do so for your own peace of mind if nothing else.

    But with your wife pregnant, please make sure she is checked out and there is no reason to file an injury claim. Probably best to make sure all is well after the pending birth (congratulations--start saving for college now!) before settling anything, just to be safe.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

  2. There are very few, if any attorneys who handle property damage cases. Try to reach a resolution if you can.

  3. Sounds like your in 'good hands.' This is the type of crap Allstate and some of the other try to pull everyday. If your wife is injuried, hire an attorney. If not, it may not be financially feasible to pay attorney by the hours to get the other 20% but you can complain to the departmnt of insurance, call your local newspaper or tv station. Ask to take to the supervisor or even the presidnet of the ocmpany. Make some noise and they may just give you the 100% to appease you. Or you can use your own insurance to repair the car and let them fight with the other carrier.

    Really hope your wife is OKand you get the full 100%.

  4. If his insurance won't pay for all the repairs, have your own insurance company repair it and seek reimbursement from his.

    Only 29% Contingency Fee! Phone: 215-510-6755

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