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Ins. Adj. Accepts Proximate Cause - Deception?

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sylviawolfe

Junior Member
How can I protect myself?

The accident: I was driving at night in clear weather when the other driver in question pulled out of a parallel parking position, and I ran into him. I didn't see him attempt to pull out because he was in between two other vehicles. By the time he pulled out, I couldn't swerve to avoid him. I was not speeding.

The police refused to write a report or a statement because there were no injuries. However, the police did tell me that the other driver was at fault.

I spoke with the other driver's insurance (Allstate), and the insurance adjuster said his client was the proximate cause of the accident. He is just trying to see if speeding on my part was a partial factor of the accident. My insurance says even if I was speeding, this would only be like a 15 - 20% fault.

The other driver's father is a lawyer, and he sent my insurance company a letter stating that they feel I am at fault for the accident because I was speeding. His insurance company says they had no knowledge of the letter and told me not to worry about it.

Is the Allstate insurance adjuster for the other driver lying to me? If he isn't lying, and he really does feel they're the proximate cause, then what am I entitled to? What can I continue to do to protect myself?

Thanks!
 


Mass_Shyster

Senior Member
How can I protect myself?

The accident: I was driving at night in clear weather when the other driver in question pulled out of a parallel parking position, and I ran into him. I didn't see him attempt to pull out because he was in between two other vehicles. By the time he pulled out, I couldn't swerve to avoid him. I was not speeding.

The police refused to write a report or a statement because there were no injuries. However, the police did tell me that the other driver was at fault.

I spoke with the other driver's insurance (Allstate), and the insurance adjuster said his client was the proximate cause of the accident. He is just trying to see if speeding on my part was a partial factor of the accident. My insurance says even if I was speeding, this would only be like a 15 - 20% fault.

The other driver's father is a lawyer, and he sent my insurance company a letter stating that they feel I am at fault for the accident because I was speeding. His insurance company says they had no knowledge of the letter and told me not to worry about it.

Is the Allstate insurance adjuster for the other driver lying to me? If he isn't lying, and he really does feel they're the proximate cause, then what am I entitled to? What can I continue to do to protect myself?

Thanks!
This is exactly the reason that the question about your state appears on every post.

If your state still adheres to the doctrine of contributory negligence, being found 10% at fault will prevent you from collecting.
 

HighwayMan

Super Secret Senior Member
That's like saying that when someone blows through a stop sign and causes a crash, the other driver is at fault because he was speeding.

The driver that pulled away from the parked position at the curb had the responsibility to ensure that he did so safely and had to yield to any other traffic already on the roadway.

You were not cited by the police for speeding. I wouldn't worry about it at this point.
 

Mass_Shyster

Senior Member
That's like saying that when someone blows through a stop sign and causes a crash, the other driver is at fault because he was speeding.
Under the doctrine of contributory negligence, if the speeding driver was found 1% at fault, the speeding driver could not collect from the driver who blew through the stop sign.

Most jurisdictions have done away with contributory negligence, but not all of them. That's why the state question is so important in this instance.
 

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