Any recourse against Adjusters Decision?

[josefgabriel]

What is the name of your state? WA

I am seeking advice for how to proceed regarding an auto accident I was in recently. On July 6th at 6:40PM, I struck a 1999 Cadillac Coup De Ville. I was traveling Northbound on 12th Avenue through the intersection at 12th and Jefferson. The other vehicle was facing Southbound on 12th and was attempting to turn left onto Jefferson eastbound). I struck the vehicle at the rear passenger door. I do not believe I was at fault she was turning left and I was going straight. However, there were witnesses that said I was speeding (I was not), and the other insurance company is trying to hold me 40% liable. It turns out my insurance had dropped me and I did not know this until after the accident. I believe that I am in the right and do not want to pay 40% of the damages. She was cited for failure to yield and I was cited for unreasonable speed. I was not injured. The passenger of the other vehicle is claiming neck injuries. Her car is totaled at around 8K. My car is estimated at 6.5K. I am going to court to get my ticket dismissed. Do I have any recourse to challenge the other adjuster? I have called several lawyers but nobody wants to take the case as they typically work on contingency and only if 30K or more is involved. Is small claims court an option? Thanks in advance.What is the name of your state?

[seniorjudge]

Originally Posted by josefgabriel

What is the name of your state? WA

I am seeking advice for how to proceed regarding an auto accident I was in recently. On July 6th at 6:40PM, I struck a 1999 Cadillac Coup De Ville. I was traveling Northbound on 12th Avenue through the intersection at 12th and Jefferson. The other vehicle was facing Southbound on 12th and was attempting to turn left onto Jefferson eastbound). I struck the vehicle at the rear passenger door. I do not believe I was at fault she was turning left and I was going straight. However, there were witnesses that said I was speeding (I was not), and the other insurance company is trying to hold me 40% liable. It turns out my insurance had dropped me and I did not know this until after the accident. I believe that I am in the right and do not want to pay 40% of the damages. She was cited for failure to yield and I was cited for unreasonable speed. I was not injured. The passenger of the other vehicle is claiming neck injuries. Her car is totaled at around 8K. My car is estimated at 6.5K. I am going to court to get my ticket dismissed. Do I have any recourse to challenge the other adjuster? I have called several lawyers but nobody wants to take the case as they typically work on contingency and only if 30K or more is involved. Is small claims court an option? Thanks in advance.What is the name of your state?

Q: Any recourse against Adjusters Decision?

A: Yes. Sue the person who caused you damage.

[josefgabriel]

Thank you for your reply. So just to be clear, I would not involve the other parties insurance, I would secure an attorney and go after the other party directly to recoup the damages that are being held against me (40% of both vehicles, her medical costs ect.)? It seems to me that there should be some way to sway the desicion of the adjuster. To me it seems pretty clear cut. I was not speeding, and somene turned directly in front of me. I do not see how they could possibly hold me liable.

[seniorjudge]

Originally Posted by josefgabriel

Thank you for your reply. So just to be clear, I would not involve the other parties insurance, I would secure an attorney and go after the other party directly to recoup the damages that are being held against me (40% of both vehicles, her medical costs ect.)? It seems to me that there should be some way to sway the desicion of the adjuster. To me it seems pretty clear cut. I was not speeding, and somene turned directly in front of me. I do not see how they could possibly hold me liable.

It seems to me that there should be some way to sway the desicion of the adjuster.

There is a way. Read my answer.

You can't sue the other person's insurance company because you have no contract with them.

[moburkes]

Washington has adopted pure doctrine of comparative negligence in tort cases, so that a claimant's award is diminished in proportion to the claimant's fault, but the claimant's fault, no matter how great, will not act as a complete bar to recovery.