Home > Research Legal Advice > Car / Auto Accident > IN THE BELOW CIRCUSTANCES, CAN I BE CONSIDERED TO BE PARTIALLY AT FAULT ...
Asked about 1 year ago - Greenlawn, NY
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I WAS DRIVING IN THE RIGHT LANE GOING STRAIGHT AHEAD THRU AN INTERSECTION WHEN AN OUTO IN THE LEFT LANE SUDDENLY TURNED RIGHT IN FRON OF ME IN ORDER TO MAKE A RIGHT TURN ONTO THE CROSS STREET. i, OF COURSE COULD NOT STOP IN TIME TO AVOID HITTING THE CAR PASSING IN FRONT OF ME. CAN MY INSURANCE COMPANY PRETEND THAT I WAS PARTIALLY AT FAULT IN ORDER TO AVOID PAYING THE FULL AMOUNT OF THE DAMAGE TO MY VEHICLE??
THE POLICE REPORT CONFIRMS THAT THIS IS WHAT OCCURRED AND CAUSED THE ACCIDENT.
The police report was made by someone who wasn't there. Eyewitness independent of yourself would be the most compelling evidence to the insurance company of any comparative negligence on your part. At the end of the day, if you do not agree with their assessment, you can arbitrate the claim against them or bring a declaratory judgment action. Either way, if they are more focused on their bottom line that taking care of the person paying their premiums every month, get an attorney to right the wrong. Once done, dump them and get a new insurance company. Do some research and stay away from the 10 Worst Insurance Companies in America.
Good luck and keep fighting.
It is not uncommon in this type of accident for the insurance companies to apportion liability between both drivers. The person that turned into your lane will claim they signaled and you had plenty of time. Generally, liability is apportioned 80-90 percent to the driver the guy that changed lanes. If you think you can do better than that you can refuse their offer, and go to court.
It's very difficult to reconstruct this type of accident in a single paragraph. I can't tell you who was at fault nor can I predict what your insurer will do. Insurance companies have a duty to act in good faith pursuant to their contracts with their insureds. But, too often, if they can find a seemingly valid reason to minimize their exposure, they will do just that.
If your insurer is claiming you are partially at fault, can you provide the reasons they gave you for taking this position?
The police report is not confirmation of causation, it's just the officer's opinion of the cause of the accident, based on witness statements. Although, a favorable report should be helpful with insurance adjusters.
No, not if you are making your claim under your collision damage coverage. Your fault does not factor into the amount of the payment.
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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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