Hit from behind while turning

[mumbo]

What is the name of your state? Texas

First, let me outline the situation, then followed by a few simple questions:

My wife was driving with two other adult passengers down a two-lane residential street with no intersections except for driveways on the left-hand-side. She was moving fairly slowly as would be appropriate for a residential street with children in the neighborhood. The time was approximately 6:30pm and it was full daylight.

As she was turning left to pull into our driveway, another vehicle hit her in the driver-side door. There were no injuries. I called the police dispatcher to ask if they needed to come out. She said that if we've exchanged insurance company information then the only other need would be to download a accident report from the web and turn it in. Therefore, I made the decision to not ask them to come out.

We called in a claim to the other driver's insurance company and it was turned over to a third party claims service. After several days, this third party service came back with an offer to settle for 75% of damages.

I called the adjustor at the third party claims service and he said that the statement from the other driver was that:
1. My wife was traveling very slowing
2. She didn't have her turn-signal on.
3. She was pointing at a real-estate sign
4. He thought she was going to pull over to park
5. So he decided to pass on the left

The adjustor further went on to say that:
1. My wife was not confident in her statement that she had her turn signal on. He based his analysis on the fact that she said: "I believe I turned my signal on".

I have photographs showing the damage, where the vehicles collided, and the layout of the road.

I spoke with my insurance adjustor and she said their determination was 100% fault on the other driver saying this was a case where there was no question. She said that even if it was true that my wife didn't have her signal on (which she disputes), there's no question that the other driver did not follow at a safe distance. She said that her company would pay the claim and recover through subrogation/arbitration which she was confident would decide 100% fault. However, I have a $500 deductible and no rental car coverage. Thus it would cost me $1100 out of pocket for this option.

The 75% settlement is not sufficient for me as it would cost me approximately $1000 out-of-pocket for the 25% of the combined total of repair costs plus rental care costs. Thus I refused this settlement and intend to file suit to recover the full cost. I've never filed suit before and have a few questions about this case:

1. Am I correct in my assessment that this really is 100% fault of the other driver. What are my chances of winning in court?
2. Who should I file against? The driver, the insurance company, the third-party claims service, or some combination of the these? Do I have a choice?
3. Does this case warrent a lawyer? It seems that the amount of money in question ($1000) doesn't warrent spending hundreds on legal advice.

My intuition is that if I file against the insurance company, there is a much higher likelihood that they will just settle for 100% without going to court.

If I file against the driver, will he be able to go back to his insurance company and recover the money to pay me?

Thanks in advance for any advice!!

[JETX]

Originally Posted by mumbo

Am I correct in my assessment that this really is 100% fault of the other driver.

There is really no way for any of us to answer that. There are clearly arguments that can be made for both sides. In my opinion... the fact that your wife did NOT give a turn signal has some liability. If she was driving slow, apparently distracted, etc., the other driver should have been safe to pass. She also has an obligation to make sure that it is safe for her to make a turn.

What are my chances of winning in court?

How good are at presenting your claim against a licensed attorney??

Who should I file against? The driver, the insurance company, the third-party claims service, or some combination of the these? Do I have a choice?

You file against the other driver. That drivers insurance will then retain the services of an attorney to represent him in court (against you).

Does this case warrent a lawyer? It seems that the amount of money in question ($1000) doesn't warrent spending hundreds on legal advice.

Then don't. Whether you need (or should get) the services of an experienced attorney is up to you.

My intuition is that if I file against the insurance company, there is a much higher likelihood that they will just settle for 100% without going to court.

Your intuition is wrong. If you name the insurance company in your suit, they will just file a motion to dismiss.... as your claim is NOT against them.

If I file against the driver, will he be able to go back to his insurance company and recover the money to pay me?

The drivers insurance will provide an attorney to represent THEIR client against you. In the unlikely event you were to win, his insurance will pay the judgment (up to the policy limit).