Skip to main content

Auto Accident. Other driver failed to yield oncoming traffic in same direction. Company offered 80/20. Who do I take to court?

Anderson, SC |

I do not have collision, therefore I have no one fighting for me. The other insurance company accepted fault, but said, "It looks like that maybe you contributed to the accident by the looks of the damage to the car." There was no way to avoid the accident. I tried. I think they are hoping I'll take it because my insurance company isn't going to be paying anything. I will NOT accept anything less than 100%, not just for my loss but because they should not be allowed to take advantage of people. I think it would be pretty simple to take it to small claims myself because they would have to prove that I was not being a defensive driver in some way and the facts already present are in my favor. Who would I file a small claims suit against? The company, the adjuster, or the other driver?

+ Read More

Attorney answers 4

Best Answer
Posted

The other driver. He/she then sends it to his/her insurance company. Insurance company is who would ultimately pay if you win

Asker

Posted

Is it possible to ask for an inconvience or distress award if they are found to be 100% negligent, maybe by haulting the process when they shouldn't have? I have two magnet students and a preschooler in private school that I pay for. They do not have the option of riding a bus and the preschooler has missed 3 days already due to not having a rental given to me. If something doesn't happen soon, I am afraid I will have no choice but to remove them from the schools I have worked hard to get them into. It would be devastating. It's been 3+ weeks so far.

Ryan S Montgomery

Ryan S Montgomery

Posted

They should be compensating you for a rental car. Even at 80/20 they should pay 80% of rental

Asker

Posted

I have asked for a rental every weekday for three weeks. But even if they did cover it 80/20, would that mean that I accept that offer? Just to give you an idea of their tactic, the person handling my claim told me the adjuster said 60/40, and after she spoke to her manager, they decided 80/20 and that it was "generous." It's wrong. This after the police report says that she was at fault for failure to yield to oncoming traffic. My insurance company said it was because I do have collision and that if it had been the other way around this is the kind of claim they would have paid 100%--surprised the other company isn't covering it.

Ryan S Montgomery

Ryan S Montgomery

Posted

I personally think you could get the rental on your own and then add that cost into your damages. South Carolina is a comparative negligence state meaning that the court determines the % of fault and then any judgment is offset by any of your negligence (if any)

Asker

Posted

Thank you so much for your answers! I appreciate you taking time out to help. And, I am sorry to keep on, but I have another question! I called the insurance company today and asked for the rental to be covered at what they feel they are responsible for (80/20) since they at least owe me that. I also clarified with him that just because I take the rental at that percentage does not mean I accept the offer, and that I would not accept or decline an offer/liability decision until it came to me in writing. He said it was fine, but if I get the offer and do not accept, they will take the car back. Is that ok? By taking the rental at 80/20, am I in fact accepting that liability or is that a safe move?

Ryan S Montgomery

Ryan S Montgomery

Posted

Happy to answer but why don't you give me a call and we can discuss for a few minutes and get everything answered for you. 864-373-7333

Posted

In Michigan you would sue the other driver. Check your local attorney on this. Good luck

You should consult an attorney in your State at once. This response does not constitute legal advise outside the State Of Michigan and is not intended to establish an attorney-client relationship with our offices. It is for informational use only of the general laws in the State of Michigan, only. To retain our offices, you need to sign a contingency contract with us. We do offer free consultations and we can refer clients to lawyers in your State if you call us. Visit our webpage and tell us what you think. www.schnitzerlaw.net

Posted

You would need to sue the other driver.

Posted

I agree, you need to file suit against the other driver.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer