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Can I recover pain & suffering from my own insurance company even if my ins. co. faulted me for the majority of an accident?

Canton, OH |

Exiting a private dr. (gas station). Traffic was backed up due 2 a red light. I entered the roadway 2 turn southbound, another vehicle traveled down a HAZARD/NO PASS ZONE coming northbound, passing other northbound vehicles that were stopped 4 the red-light.
I used my vehicles turn signal. I looked in both directions before moving my vehicle. I edged out into the northbound lane, checked each way again... No traffic!!!! I entered further into the roadway 2 turn. I caught a vehicle from the corner of my eye & stopped immediately but this vehicle struck mine. My ins. Co. put the majority of the fault on me. I used caution when entering the roadway & tried 2 avoid the accident. The other driver was cited. I did not contribute 2 the accident or cited per police & report. Frustrated! Help!

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Attorney answers 2


Insurance companies can be frustrating to deal with. You should collect your police report and the dec page from your insurance policy and meet with a lawyer. I'd be happy to review the case for you.


Technically, yes you can recover. Insurance may try to hold you comparatively negligent, so they may reduce the AMOUNT they give you by a certain percentage, but the compensation should theoretically include pain and suffering.

licensed attorney in Montana. Your specific state laws may be different.

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