I was rear ended on my way to work. My car was totalled but salvagable and I ended up with a minor leg bruise and neck and back soreness.
Was there a third car involved? If just you and the other guy, i'd fight that. Means they only want to pay for 70% of your damages.
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That indicates the insurance company wants to deduct 30% of your personal injury and property damages, and is blaming someone other than its own insured--either you or another driver--for that percentage of your damages.
You should contact a local personal injury attorney to help prosecute your rights and get you the maximum compensation you are entitled to under the law (including whether there is possibility of a workers' compensation claim).
Good luck to you
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I agree with the other attorneys--the insurance company is trying to reduce your damages by 30%. Depending on the insurance limits and the total amount of damage and injury, it may be worth it for you to consult an attorney and fight it.
First, you must understand that Nevada is what is called a "modified comparative negligence" state, which means that a driver can be assessed anywhere from 0% liability to 100% liability, but if a driver's liability is over 50%, he or she is barred from any recovery against the other person. So, what the insurance company is saying, which to me doesn't make sense in a rear-end accident, is that you were 30% at fault for this accident. This will insulate you from any claim being made against you by the other driver, as he would be over the 50% threshold in your state and be denied by your insurance company from presenting any property damage or bodily injury claims.
You need to ask the other person's insurance company why, in a rear-end accident in which their insured is considered to retain a rebuttable presumption of liability, they are placing 30% liability on you. If the adjuster hems and haws, then ask to speak to his or her supervisor and ask the same question. If they refuse to accept 100% liability, you are always free to use your own collision coverage and let your insurance company fight it out with the other party's insurance company. That is the reason you pay insurance premiums.
Also, since you were injured, your best bet to obtain the maximum settlement amount in this case is to ensure you have completed the necessary medical treatment and consult with an attorney in your area to obtain a more specific answer and get all of your legal options before deciding what to do. The attorney will also investigate all available coverages to ensure you have the maximum amount of coverages available to you. You may have some additional coverages on your own auto policy that can assist you of which you may not have been aware. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
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