I was driving through an intersection when a car made a left in front of me causing me to hit them. I slammed on my breaks and honked my horn. I was in the car right lane. The insurance said they will cover 75% since they made an unsafe turn but since they were 80-90% of the turn we are partially at fault. What should I do?
File a claim with your own insurance company to repair your vehicle. If injured, contact an attorney as soon as possible. If you are not injured and don't have collision coverage of your own, you may consider settling for the 75% of the loss or repair on your own and sue for 100% in court.
I agree with Mr. Zakaryan's answer. In addition, though, you are entitled to rental coverage, also known as loss of use, for the time that your car is in the shop and/or is undrivable -- even if you don't rent a car during that time period. Assuming that the other driver has sufficient property damage coverage, his/her insurance should cover your rental/loss of use.
If you were injured you should consult with one of us on here as soon as possible.
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Easier to repair through your own insurance and let them deal with the other side
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The thing about “comparative fault” is that you can make a lot of creative arguments about why so-and-so contributed so percentage to an accident, and the kind of argument they got here is usually good for at least 10% so you have to ask yourself what is the exact dollar amount at issue here? Then, how much do I have to spend to try and get that? If the amount at issue is below $10,000 then you will be going to small claims and doing all the work yourself. Only you can say if its worthwhile.
Since the insurance company only wants to pay 75%, there is a possibility that the insurance company has determined that you were partially negligent in the causing the accident. To prove that one driver was negligent, you must first prove that a duty existed. Every driver owes a duty of care to other drivers on the road. If you wish to fight and receive 100% of the damages, you would have to prove that the other driver breached their duty and caused the damage. You can prove the breach of duty in a number of ways; for example, by:
• failing to pay attention to the road
• failing to stop within a reasonable time
• failing to drive at a reasonable speed (based not just on posted speed limits but also on road conditions)
• failing to maintain control of the vehicle
• failing to yield the right of way, and
• failing to follow at a safe distance.
As a result of this breach, your vehicle was damaged. However, the insurance company may have determined that you were at fault if you suddenly stopped while driving or failed to stop within a reasonable time. I would recommend consulting a lawyer and inquiring with the insurance company as to why only 75% is being offered.
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