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jjds · Jul 21, 2008, 08:04 AM

I was driving west bound in the left lane and across the double yellow lines a car and bus were traveling east bound. All of a sudden, with no warning the other car came head on at me and totaled my car. He claims the bus hit him causing him to loose control. His insurance company says they are not responsible because the bus caused the accident. The bus says that they will pay 50% because the other driver hit the bus and he is partly at fault. My car is only worth $2,200. It's not like I'm asking for a lot. This has been going on since January and I just want to get paid. I contacted the state insurance board and they said the bus is responsible to pay me. What is the law regarding liability in an accident like this?

NowWhat · Jul 21, 2008, 08:08 AM

I would get an accident attorney to walk you through it all. If the bus is at fault, they have lawyers telling them what to say, because this could be a big lawsuit for them.

ScottGem · Jul 21, 2008, 08:10 AM

Frankly, I disagree. The insurance carrier for the car that hit you is liable for your damages. If they feel that the bus was partially at fault, then they should go after the insurance carrier for the bus to reimburse them for what they pay you.

What does your insurance carrier say about this? They should be helping you collect.

progunr · Jul 21, 2008, 08:14 AM

My guess is you only have liability insurance, therefore, no legal representation.

A guy with no insurance is an easy target for these huge companies.

The cost of an attorney, could very well outweigh the cost of your vehicle, and they know it.

Without an attorney to fight these guys, you really are at the mercy of what ever they decide or want to do.

Other than getting an attorney, persistence on your part, is about all you can do.

JudyKayTee · Jul 21, 2008, 10:21 AM

Originally Posted by ScottGem

Frankly, I disagree. The insurance carrier for the car that hit you is liable for your damages. If they feel that the bus was partially at fault, then they should go after the insurance carrier for the bus to reimburse them for what they pay you.

What does your insurance carrier say about this? They should be helping you collect.

Scott is 100% correct - your claim is against the car that actually hit you. Their company (in theory) should pay you in full and then they should attempt whatever percentage of blame they are putting on the bus (in this case 50%) from the bus company.

You can't collect from the bus company in most States because the bus did not actually strike you. Your damage was not caused by the bus.

File against the auto driver in Small Claims Court - once he gets notice and turns it over to his insurance company my gut instinct is that they will give you 100%.

You have no personal injuries, correct - ?