Help dealing with adjuster

[Urbanartiste]

What is the name of your state? ILLINOIS

I was involved in an accident where the guy at fault (he alone was ticketed)was turning left and I was going straight, no traffic control, no intersections. I have not hired a lawer and have a hard time getting the party at fault insurance to pay for all the damages. She said that after the investigation she concluded that I was negligent also, so she is willing to pay 80% of the car damage estimate. I won't settle for that because it is a classic in excellent shape before the accident. When I showed her the selling value of the vehicle, she responded that any value lost has to be determined after the car has been fixed\ which doesnt make any sense to me
HOW DO I GET MY DAMAGES PAID IN FULL?

[Maxthedog]

Did they say why you are 20% at fault? Have you spoken with your insurance company? What does the police report say? Have you considered consulting a lawyer?

[teflon_jones]

Contact your insurance company and let them deal with it!

[Urbanartiste]

I only have liability insurance, so they won't help me. It wouldn' make sense to hire a lawyer to recover $4000 in damages.
The adjuster sdaid that I am 20% negligent because there is a witness that says I was going to fast and should have stopped in time for the other car to make his left turn to avoid the accident.

[Lynx 36]

Quote: "The adjuster sdaid that I am 20% negligent because there is a witness that says I was going to fast and should have stopped in time for the other car to make his left turn to avoid the accident."

Ask the adjuster how the witness knew you were going too fast. Did the witness clock you w/ a radar gun? It doesn't sound like you are liable f/ anything. The other driver failed to yield. Unless there is PROOF that you were speeding you were not in the least bit at fault. Ask the adjuster how a witness can determine speed by the naked eye. Also, ask the adjuster how fast you were going. An experienced adjustor can tell how approximately how fast you were going by the damage on the cars. But if they are using a witness it won't hold as much weight.

I don't know what the small claims limits are in your state, but you may be able to file a small claims charge against the person that was at fault. You won't need a lawyer (one wouldn't do you any good in this case anyway). It doesn't cost much either. Gather your evidence and take it in w/ you, and if the witness is put on the stand ask those questions I mentioned above. It sounds like a case you can win.

Lastly, the insurance company may go ahead and settle w/ you 100% as it will cost them more money to defend their client in court than to just pay you 100% and settle. No guarantees though.

If you take any payment from them they will probably ask you to sign a release before paying you. If you do this you lose your right to sue so be careful about signing anything at this point.

[teflon_jones]

From your simple description, it sounds like you had the right of way and the other person is 100% at fault. But I'd need a more detailed explanation to be sure of this. Based on my assumption of the situation, the adjuster is full of it!

[Urbanartiste]

I have written the adjuster a "final" letter stating that I will not settle for 80% for the damages and that she has insulted me with such offer. It has been 2 weeks now, and I havent heard from them. I really don't want to take this to court, but if I have to whats the next step.....without a lawer.