80% reimbursments??

[pr2005]

What is the name of your state? Massachusetts. The other person was citated at the scene of the accident for running a stop sign, and there was a witness who saw the accident. Two months later, I finally get my car back from repairs, I had to pay out $760.00 between rental and bettement . I submitted the receipts for reimbursment of full $760.00 because the other person was citated for causing the accident. I now get a letter from the other insured which states they are only paying out 80% towards the rental, because they feel that 20% of the accident was excessive speeding on my part and 0% towards the bettement, because it is my responsiblity. I did not speed, nor could I have, due to the condition of the traffic. I don't feel i should have to pay any amount towards this accident, not even the bettement. I already had to accept the car now having refurbished on it from the repairs. My car is only 1 yr and 2 months old with 21,000 miles at the time the accident occured. Purchased brand new. What steps can i take to get 100% reimburstment from the insurance?

[Lynx 36]

Quote: "What steps can i take to get 100% reimburstment from the insurance?"

Not much. The insurance company, after looking at damages to the cars was able to determine you were speeding. Your only recourse is to sue the insured. The insurance company will provide the insd an atty, and you can go to court. Two questions you need to ask yourself is:

1. Can I win?
2. Is it worth my time and money to try?

I'd say from the amount you posted here the answer would be no.

[pr2005]

Originally Posted by Lynx 36

Quote: "What steps can i take to get 100% reimburstment from the insurance?"

Not much. The insurance company, after looking at damages to the cars was able to determine you were speeding. Your only recourse is to sue the insured. The insurance company will provide the insd an atty, and you can go to court. Two questions you need to ask yourself is:

1. Can I win?
2. Is it worth my time and money to try?

I'd say from the amount you posted here the answer would be no.

Why would i not be able to get 100%? I understand that insurance company's can reconstruct the scene and view the damages to to determine i was speeding. But thier was a witness to the scene, who stated on the police report that the other driver did not look to my direction before proceeding to cross both lanes. And i feel the accident is due to the age of both cars. Mine being 1 yrs old vs the other car 16 yrs old. The body of the other car also had rust stains here and there. And we are talking about an SUV hitting a 16 yr old two door sports car. Lynx36, do you still feel i would not have a fighting chance for 100% back? Please reply.

Thanks.
Pr2005

[Lynx 36]

Originally Posted by pr2005

Why would i not be able to get 100%? I understand that insurance company's can reconstruct the scene and view the damages to to determine i was speeding. But thier was a witness to the scene, who stated on the police report that the other driver did not look to my direction before proceeding to cross both lanes. And i feel the accident is due to the age of both cars. Mine being 1 yrs old vs the other car 16 yrs old. The body of the other car also had rust stains here and there. And we are talking about an SUV hitting a 16 yr old two door sports car. Lynx36, do you still feel i would not have a fighting chance for 100% back? Please reply.

Thanks.
Pr2005

You can try not accepting their offer and file a small claims charge against their insured. It may force them to settle at 100% but no guarantees. If it goes to court get your witness and bring your evidence to prove your case.