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Accident in curve

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smith69

Guest
i live inkentucky. iwas traveling home on a country highway, when i entered a right curve going down hill. in the middle of the curve a car was atempting to back out of drive to an abandoned home. the car was across both lanes almost straight across the road. i hit the car in the left rear corner (tail light and bumper) with the right front of my car. the police report states what i am and the other driver said he was sideways in road on the police report. my ins. co. says it is his fault, the police officer felt it was his fault, and so do i. his ins. adjuster says we are both at fault because his bumper was pushed down and their driver told them that he was backed out and ready to go forward down the road. i have no witnesses. i do have photos of skid mark left by my car. the marks stop within a couple feet of the drive. if he backed out correctly they should stop approx. 15 (wheel base length) of the drive. MY car is worth about $2000. it was totaled in the estimate. they want to give me half and my co. pay half of theirs. should i except their offer or should i try to go to court. i have tried to work with their co. but they won't even give me a chance to talk. i'm at my wits end. is it even worth the trouble?
 


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ProResearch

Guest
Ask the other insurance company adjustor to put what they have told you in writing, so you will have a record of it and so they cannot later go back and say they didn't tell you this or that. If they make an offer of $1,000, then tell them you would like their offer and their reasoning that it was partly your fault in writing.

They are betting that you will not hire an attorney because there isn't much money involved. Indeed, it is not really worth it over $2,000 because you would still have to pay an attorney's fee even if you got all the money you wanted for the value of your car.

You will want to be able to reply to them in a letter why the accident is not your fault and send copy of the police report that states the investigating officer's opinion. If your letter with enclosures is well written with proofs enclosed, they will have to come up with other reasons why they will not pay the full value of the claim.

I am curious though you said your insurance company says it was the other person's fault too. Where are they in all this? What are they saying as to who pays whom? Do they agree with the 50/50 liability?
 

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