I was in a three-car accident caused by a driver that fled the scene. The insurance company places 50% of the blame on me.

Asked over 1 year ago - Lubbock, TX

I was in a three-car accident on a day that it snowed.
I collided with a vehicle that was spinning on the ice and out of control on a one-way single lane ramp.
The driver of the vehicle I collided with had initially lost control on the ice but had regained it before getting hit from behind by a truck that fled the scene and couldn't be identified.
The police report states that the accident was caused by the hit-and-run driver. I did not get a ticket from the police.
I have the same insurance with the driver I collided with. Our insurance company has placed 50% of the fault for the accident on me and 50% on the hit and run driver. The figure seems arbitrary and the fact the other driver lost control suggests, to me, lack of caution and so that driver should be assigned some of the fault.

Attorney answers (6)

  1. Richard Kurt Arbuckle

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . You will need to get an attorney if you want to fight the insurance company. They are always arbitrary, so no surprise there.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Best bet is to retain a local car accident lawyer for representation.

  3. Daniel Nelson Deasy

    Contributor Level 20

    5

    Lawyers agree

    Answered . Sorry to read of your crash.

    Do you have a specific question regarding the crash? Of course the figure is arbitrary. An attorney can help you fight if that matters in this situation.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Jennifer M. Daniels

    Contributor Level 10

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . You need to get a lawyer to help assist you with this problem. Continuing to negotiate with the adjuster isn't going to help. They chose the 50% number to get out of having to pay you anything, I would suspect, though I'm not a Texas lawyer. Contact a lawyer ASAP

  5. John K Lassen

    Contributor Level 20

    4

    Lawyers agree

    Answered . A local lawyer should be retained to get you the compensation to which you are entitled.

    John Lassen 1-877-252-4630
  6. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am not certain why this 50% designation is of particular concern to you at this juncture. If you try to collect for your car damages through your collision coverage, the 50% means nothing. They would have to pay you for your car damage regardless of fault.

    If you are sued by the other driver, your insurance company has to defend you. There will be no money coming out of your pocket, at least up to the limits of your coverage. Since apparently your vehicle collided into the other vehicle, which was in a spin, it does appear that you were either going too fast for conditions or failed to keep a proper lookout, both of which would be elements of fault on your part.

    If you received a personal injury in this incident,you should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    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.

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