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.
This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided â€œas isâ€ without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regarâ€™s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
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.
Legal Disclaimer: Mr. Habberfield is licensed to practice law in the States of New York and Pennsylvania. 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 time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Habberfield strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
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 sounds like the insurance company is playing games with you, and trying to attribute fault to you. It might be worth getting a local lawyer on the phone with the adjuster to get you more money.
Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.InjuryLawyerPhiladelphia.com
No, not if you are making your claim under your collision damage coverage. Your fault does not factor into the amount of the payment.
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.
Negligence and personal injury Comparative negligence and personal injury Personal injury Evidence for personal injury cases Police reports for personal injuries Witness testimony and personal injuries Fault laws and personal injury cases Personal injury and car accidents Police interrogation Evidence
Sign up to receive a 3-part series of useful information and advice about personal injury law.