Both drivers have insurance through different companies. (Geico and USAA) Based on the police report they were unable to determine fault, no witnesses and two different stories. I informed my insurance that the adjacent building had footage of the incident and could prove I was not at fault. My insurance choose not to view the survelliance tape and stated that the damage spoke for itself. I was favored as a result but still hold a 10% liability for this loss. According to the other driver's insurance, (USAA) I should have made a better attempt to avoid to collision?!? What steps do I take now. The other party has been uncooperative from the onset. My car was brand new and has depreciated considerably because of this collision. I do not feel I am at any fault in the collision...
You have the right to sue. Depending upon damage at issue, small claims court may be an option. Bear in mind that the finding may not be 90%. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
No surprise there. For some reason USAA are trying to argue that even if their driver admits they have a red light the other driver is partially at fault. What the companies agree to doesn't bind you. As far as depreciation, etc., your only legal claim is to have the car fixed or totaled. Depreciation, aggravation, don't enter into it. If you were hurt get to a doctor if you haven't been already. If you aren't USAA got a big gift, because it will be tough for you to bear the expense of suing them for the 10% --but give it a shot if you wish.
Unfortunately, your suit is against the other driver--you can't sue USAA directly, at least in most states in the East. Contact a member of www.aztla.org
There is little doubt that you need to consult with an experienced personal injury attorney.
These cases are complicated, and yours is no different. There is no easy answer and no easy fix.
Small claims court will not be an option, however you can sue in Justice Court if the damages are less than $10k. Because the insurance company will indemnify the other driver and defend the other driver, any small claims action will be bumped up to Justice Court. Attorneys to not appear in small claims. You can always sue in Superior Court where there is no jurisdictional minimum requirement and you get a real judge. In Justice Courts, the Justice of the Peace sits on cases and many are not attorneys and some have no legal background at all. In order to get diminution in value, you need an expert. Additionally, is the other person's policy limits for property damage are small ($10k), there may not be much room for you to sue for unless you want to try and get a personal judgment against the other driver. This usually is a not a worthwhile pursuit due to costs/time involved.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline