Illegal turn causes accident..negligence?

[mspiggy88]

In New York State I was hit on the front fender causing approx 700$ worth of damage. The other driver made a left hand turn directly in front of me from the MIDDLE LANE!! The insurance company for the other driver claims that I am 15pct liable as there was "an opportunity for me to proceed with caution and take evasive action". Travelling 35-40mph and he approx 20 feet in front of me. Evasive action?? Would have taken me up the curb and into a signpost. Proceed with caution? He was perpendicular and in front of me in about 2 seconds.
Any ideas out there? I'm planning on appealing.

 

[teflon_jones]

Have you already contacted them to tell them you disagree with this?

If they won't budge, then you might as well just eat the $105. It'll cost you more time and trouble than it's worth to get more money IMHO.

 

[mspiggy88]

Yes, I've left a few messages with the claims adjuster and she has replied once. In the last message I've told her that I wouldnt be accepting the check and would like to discuss the proposed settlement. If she doesnt return my call today..I'm going email and then filing with the NYS Dept. of Insurance. It's not the 105$ but also 2-3 days car rental while my vehicle is in the shop. Thx for the reply.

 

[Lynx 36]

Yes, I've left a few messages with the claims adjuster and she has replied once. In the last message I've told her that I wouldnt be accepting the check and would like to discuss the proposed settlement. If she doesnt return my call today..I'm going email and then filing with the NYS Dept. of Insurance. It's not the 105$ but also 2-3 days car rental while my vehicle is in the shop. Thx for the reply.

They should pay your car rental. As far as filing a complaint w/ the NY DOI you would be wasting your time. They don't get in the middle of liability decisions. From what I see here the insurance company has not done anything illegal. What does your insurance company say?

 

[mspiggy88]

The damage to my vehicle is less that the deductible that is why I'm persuing with the other drivers. My ins. co. suggests that if I dont get satisfaction to contact DOI. Since my phone calls have not been returned I am putting pen to paper and asking to have specifics as to the "evasive action" it has been implied that I could have taken. A vehicle travelling at 35-40 mph needs approximately 50 feet to come to a stop. The other car was to the left of me two car lenghts ahead when he made a right hand turn in front of me. Besides coming to a stop..any other evasive action would have taken my car up a curb, into a fence, road signs and trees. I cant see what plausible "evasive action" the insurance company is referring to. That is what I am going to request outlined to me. What do you think?

 

[NJ1023]

I understand your frustration. Similar situation, (see auto accident-no fault- but still paying!). It seems that even if you are 0% at fault, you still pay. I am not sure if I will get 100% reimbursement, but I am willing to try. How can insurance companies legally get away with things like this?

 

[Lynx 36]

The damage to my vehicle is less that the deductible that is why I'm persuing with the other drivers. My ins. co. suggests that if I dont get satisfaction to contact DOI. Since my phone calls have not been returned I am putting pen to paper and asking to have specifics as to the "evasive action" it has been implied that I could have taken. A vehicle travelling at 35-40 mph needs approximately 50 feet to come to a stop. The other car was to the left of me two car lenghts ahead when he made a right hand turn in front of me. Besides coming to a stop..any other evasive action would have taken my car up a curb, into a fence, road signs and trees. I cant see what plausible "evasive action" the insurance company is referring to. That is what I am going to request outlined to me. What do you think?

I agree you aren't at fault here. Your insurance co. is telling you to write the DOI to get you off their back about it. As I said the DOI will do nothing here, but I'll let you find that out f/ yourself. Just like a lawsuit anyone can complain too. It doesn't mean any action will be taken.