In a lawsuit, if the insurance company's appraisal of the facts was correct, your damages would be reduced by 70 percent to take into account your fault. However the insurance company has an interest in making your fault as high as possible and you need not accept their numbers.
It sounds like in your case, even with the reduction their policy limit might be reached, but if the other driver has assets you might now want to content yourself with a policy limit offer. This is clearly a case where having a lawyer will be important - if you don't have one already I encourage you to consult with attorneys and retain one.
That would mean that they were claiming that their insured was only 30% at fault for the incident. So on an award of $100,000, they would claim that their insured was only responsible for $30,000.
They are claiming that you are primarily responsible for the wreck. It sounds like you have very serious injuries. I suggest you consult with a lawyer to protect your rights. It sounds like you are in for a fight with the insurance company. Good luck.
I agree with the responding attorneys' assessments of the 30% fault. That being said, if you were injured and your medical bills exceed $100K, I would strongly recommend that you consult with an experienced personal injury attorney to review your case and advise you further. I have fought for my clients for over 20 years to get them the settlements they deserve. Your case may have a much higher value after examining your case thoroughly, accounting for pain and suffering as well as future loss of earnings. . (310) 207-4030
If you have injuries from a car accident, seek a personal injury attorney's help ASAP. Do not talk to the other insurance company any further. The insurance company is being the Judge and Jury, in its own favor likely. Just because they say you are 70% at fault, doesn't necessarily mean that you are. Also, you may be entitled for pain and suffering on top of medical bills. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
First, let me express my sincere regret that you are having to endure this difficult situation You should have an attorney experienced in this type of claim review your documentation, including the police report and medical records, and discuss what options you may have. The police report will give an attorney a better indication of who is actually liable for this unfortunate accident. I have personally dealt with many other California claims such as this one. You should understand that having proper representation can protect your cause of action and your right to compensation for your injuries and damages suffered as a result of this unfortunate accident. Best of luck to you.
View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
From what you've written, it sounds like the insurance company believes you are 70% at fault for the accident and their insured is 30% at fault for the accident. They will give you an offer based on those numbers. You do NOT have to accept those figures as fact. The insurance company has their best interest in mind, not yours. If this matter ends in a lawsuit, as you have suggested, a skilled attorney may be able to help you get more money than the insurance company is offering you.
Who was at fault and how much?
Hire one of the attorneys that have posted an answer to your question here.
Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com
If you atempt to settle outside of court, then you and the insurer must agree on the percentage and value of the auto accident claim. If you do not settle, the jury decides the percentage of fault in the car accident. Fault in a car accident is a question for the jury presented by the lawyers. Insurance cannot even be mentioned to the jury. Check with a lawyer in your state to verify this.
It means the carrier is finding you 70 % at fault and their insured 30%. In other words, you are being given the short end of the stick. You need to talk to an experienced personal injury attorney to evaluate your case, the liability and damages. Feel free to call my office for a free consultation.
The responses provided at this site are not and are not intended to be, legal advice or a guarantee of the outcome of your matter. Likewise, it is not intended to create an attorney-client relationship. An attorney-client relationship will only be created after a case has been evaluated, we have cleared a conflict check and a written retainer is signed.
It means you need an attorney. They are saying that, in their opinion, you are mostly at fault. A free consult with an attorney will allow you to share more facts and get better more reliable information.
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