What should i do?

What is the name of your state? SOUTH CAROLINA

I was recently in an auto accident that happened in a parking lot. The guy was making a left hand turn out of a Jack in the Box in front of me. His insurance is claiming no fault becuase he has awitness saying i had no headlights on, plus they think i was speeding. His witness is from Jack In the Box and she/he didn't come forward until after I was gone and the man found out it was his fault from the highway patrol that arrived on the scene. The are trying to say i was speeding based on the fact that i didnt break in time and if i was going 10mph then i would've had time to break. They are also basing it on skid marks from his car. They asked me how fast I thought i was going and me, not being an engineer or an expert on speed told them that 'maybe 20 i didnt know'. So now I am kicking myself for saying this but i honestly don't know how fast i was going. I know i wasnt't speeding because I had just turned into the parking lot over two lanes of traffic.

It is hard to describe the accident and what happened because of the way the roads go. But my question is whether i should take this guy to court or cut my loses and not chance this turning on me and me having to pay for all his legal fees. If i do say I am taking this to court do you think his insurance company will take it that far? Or do you think they will settle out?

What shocks me is that my car is only worth $1500 blue book and his was a 86 Chevy. I dont understand why his insurance is making a big deal about not giving me $1500 dollars.

What do you guys think? Is the risk worth it?

Shaky challenge

Although I do not live in your state I can say that when it comes to insurance companies what may seem like a small amount to you ($1500) is to them a greater amount when you times that by multiple cases filed each year. What I would suggest is that you find a competent attorney that deals in traffic violations and accidents and let him/her decide if you have enough going for you to pursue it or that it might be to your advantage (20 mph statement) to just humbly bow out of the fight before it begins and save your loses. Good luck!

What i have going for me is the police report stating that i was not at fault and i didnt contribute to the accident, i also have the cop stating that i couldnt have been going that fast from what he saw of the accident scene with our cars not being moved.

What i have against me is him claiming i was speeding and that i didnt have my headlights on.

My insurance company has already told me that from what i have told them they dont think i am at fault and will not pay him if he calls in to make a claim. Does this mean that the accident is no fault and we both pay for our own damages whether it be through our insurance or our own pockets? Or does me turning away based on what his insurance company concludes mean that i am guilty and he can come after mine even though i have a police report stating no fault.

I just think it is strange that his insurance company can believe that he wouldn't contribute to the accident in some way. How is this all my fault,is basically what they are claiming, when he didn't properly yield.

Annastasia05 said:

What i have going for me is the police report stating that i was not at fault and i didnt contribute to the accident, i also have the cop stating that i couldnt have been going that fast from what he saw of the accident scene with our cars not being moved.

What i have against me is him claiming i was speeding and that i didnt have my headlights on.

My insurance company has already told me that from what i have told them they dont think i am at fault and will not pay him if he calls in to make a claim. Does this mean that the accident is no fault and we both pay for our own damages whether it be through our insurance or our own pockets? Or does me turning away based on what his insurance company concludes mean that i am guilty and he can come after mine even though i have a police report stating no fault.

I just think it is strange that his insurance company can believe that he wouldn't contribute to the accident in some way. How is this all my fault,is basically what they are claiming, when he didn't properly yield.

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File a claim for your damages through your carrier. If they deem the accident to be the other guy's fault, they can go after him to recoup their losses.

My insurance only has liability. So I am unable to do this......do you all feel like this is a lost cause? I dont see how this guy was not at fault here in some way for failing to yield.

Thought you said in your original post:

the man found out it was his fault from the highway patrol that arrived on the scene

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If the state patrol was there....there should be an accident report.