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Determination of fault in car accident in NJ
I was involved in an accident that the other parties insurance is stating was 5% my fault and only willing to pay as much. I don't believe I was at fault period and want to be compensated as such. (I realize it's only 5% but it's going to turn into more money than I can really afford at the moment!) Could someone please help me figure out where I can obtain the resources to prove the insurance company that it wasn't my fault at all?
Here's the scene: I was driving east on a two lane road. The traffic in the west bound lane was stopped because of a red light and backed up 1.5 blocks. The spped limit is 25mph and I was within the legal limit. The conditions are clear and dry at dusk with stret lights and the area is heavily populated. The other driver cuts through the west bound lane of traffic and merges into my lane and into me. I saw him making the turn and anticipated that he was going to hit me so I swerved to the right to avoid him. His vehicle hit mine just in front of my driver door. There was no airbag deployment and there is no direct front end damage to my vehicle. All the damage is on the front side panel and door. I received no citations from the police but the other driver received at least two and his car was impounded because it was unregistered. The insurance company is claiming that because it's a "front to front impact" it's 10-20% my fault and I should be more than satisfied with the 95%. When I took it to their authorized repair shop everyone (and there were a bunch because they thought it was ridiculous) said there was no way it was my fault. Any information you can provide me would be greatly appreciated! Thanks! |
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What about YOUR insurance company? Since, if the other guy's insurance only pays 95%, yours should pick up the other 5 and then sue them for it if they believe you were not at fault.
Bottom line, however, is you would have to sue the insurance company for the 5% which would probably cost you more then the amount you would recoup. You can try appealing the adjuster's ruling higher up in the company. |
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