Ask an Attorney a Question for FREE!

I need some help with my total loss

by Chris

Ok so I just recently got in a bad wreck that left my car totaled......

it wasn't my fault and there was no witnesses at the scene......

what happened was I was turning left in a intersection there was 2 lanes on each side and a middle lane for turning......

the people driving the other car where a couple of teens.....there was a car infront of me driving bad and slow and turning just like me.....

I had pulled past the white line a little bit my car was about half way over and the teen driving swerved to miss the slow car infront of me that cut them off and they ended up head collision with me......sheriffs arrived to the scene and told me it would be my story vs. the teen driver......

and the sheriffs told me it was my fault for not yielding.....ends up my insurance did not do anything for me and the teen driver got 9,000 dollars for his car and came up with it being my fault.......

I'm sorry for the long message but I feel like I was not listened to and this was not taking seriously and I am upset with the situation if theres anything you can tell me to help me out I would deeply appreciate it....thank you


Answer:

Hello Chris,

I hope you had a better labor day weekend. You insurance company must give you in writing (per your request) an explanation of why you were found at fault. Ask them to outline the investigation they did, they cannot simply put you at fault with no evidence against you. Also, even if you were at fault, you could argue that it was only partial. The other driver also had a duty to slow down, pay attention, avoid, etc.

Ask your insurance company to put it on writing. They Must (not optional). Then if you are not satisfy, you can get an attorney and have a cause of action against the insurance company for bad faith or you can complain with the department of insurance or office of the insurance commissioner.

Remember, for bad faith, the insurance company must have done something very much outline (like not taking statements, not calling witnesses, no investigation at all). The insurance company will probably tell you that they have the right of settlement clause in your policy.

This clause gives the insurance company the right to settle as they see fit. This is why you must show that they were completely arbitrary on that decision.

However, your first step here is to get the insurance company to put it on writing.

Good Luck,

http://www.auto-insurance-claim-advice.com

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.


Please see more answers to recent personal injury and auto accident questions below:




For a Free Review of Your Case
Please Call (866) 878-2432