Am i being BS'd?

[CoffeeBean87]

Ohio

here are the details of the automobile accident:

i was in the left lane and had been stopped at a traffic light. there was a pretty heavy flow of traffic, and when the light changed, i slowly continued forward. the other party came from a parking lot to my right and preceded into my lane, hitting the front right portion of my bumper. i honestly do not remember how fast i was driving, but i know traffic was moving pretty slow. the speed limit was 25, and when i was reporting the accident to the other party's insurance company, i guess i told them i was driving the speed limit (but again, i'm sure i was going slower). the police determined the accident to be the other party's fault, and my insurance company did also. however, the other party's insurance company said that i was 20% responsible for the accident due to negligence laws. they said i should have been paying more attention and that during high traffic times, one must drive UNDER the speed limit. i looked in the digest of motor vehicle laws and found nothing to say that driving a slower speed was mandatory during high traffic times. the law states that one must drive defensively, but realistically, you cannot be looking at everything going on all at once. and again, there are no specific laws to my knowledge regarding that matter. the insurance company said they would pay out 80% of the damage, so i gave them the OK to send me the check (as i already had an estimate). afterwards, i spoke with my insurance agent to get his opinion. when i explained the details, he didn't think the information i received sounded right. i am choosing to go through my insurance company and have them fight it.

can anyone tell me if ohio negligence laws would apply to my situation? does it seem like the other insurance company is trying to pull a fast one on me? i would like some opinions on the matter, perhaps from those who have worked in insurance, have had an experience similar to mine, or who are good with legal stuff.

thanks to anyone who actually takes the time to read through this...i know it's a little lengthy!

 

[ecmst12]

What did YOUR insurance company tell you when you reported the accident to them?

 

[latigo]

DO NOT settle with the chiseling, scumbag insurance adjuster for anything less that 100% of your legitimate claim. Remember that these underlings are not hired to spend their employer’s money!

This is a typical deceptive ploy where the carrier is attempting to shove Ohio’s rule of comparative negligence * down your throat and without any foundation in fact indicating that your conduct in operating the vehicle was in any sense tortuous.

This BS that you should have been more cautious is just that!

Sure, in their eyes you could have been much more “cautious” by taking public transportation, taken another route to your designation, or just stayed home.

If the company sincerely felt that you could have reasonably avoided the accident, they would be screaming the “last clear chance” rule and offer you zilch.

Moreover, if the incident had occurred in a state that still holds to the rule of contributory negligence (wherein if your negligence is found to have contributed to the accident the lawsuit is a walk) this same company wouldn’t have the gall to claim that you were partly responsible.


[*] Ohio Revised Statutes Sections 2315.32 et seq.

 

[CoffeeBean87]

thanks for the feedback! i am going to let my company handle it and pay the deductible. at first i told the other company to send me the check because the person i spoke to had me convinced that i could have avoided it. but after some thought, i think it's crap. but in my report, i said that i didn't see the other party until they were smashing into my bumper. to them, that's a red flag for "she wasn't paying attention." but i can't see EVERYTHING that goes on. i was looking straight ahead focusing on the road. sorry that someone came rushing into my lane even though my vehicle was moving.

 

[CoffeeBean87]

oh, and my insurance company found the other party at fault.