The person that totaled my car ran a red light but her insurance company is not claiming liability

by Charlene
(Houston, TX)

I had a light that was green for awhile as I came close to it...as I was crossing the intersection I looked to my left and saw a car coming at me at about 45 mph I turned hard to my right to avoid her hitting my car, as I did so she ended up hitting the side of my car and another car that was stopped at the red light.

When the police came there was a witness that stated see had ran her red light and hit my car and the other party involved.

She got a citation for running a red light.

I didn’t get a lawyer because I thought it would be a straight forwarder case because she had ran a red light and I tried to avoid the accident but she was coming to fast.

I sent the police report to her insurance company and they tell me that they are not claiming liability for the accident because "the law states when you go through a GREEN light you should observe your surrounding"

So my questions are...

1. What should I do next? Get a lawyer?

2. Can that be a real reason for them not claiming liability, that because I didn’t see her running her red light it is my fault even though I had a green light and tried to avoid her hitting my car after seeing her.

3. Ive been trying to get a lawyer for property damage only but cant seem to find one...Do all lawyers have to deal with personal injury and property damage?


Thank you,

Charlene


Answer:


Hello Charlene,

I am sorry to hear about this situation. Usually fault is not a all or no preposition and the person who runs a red light has substantial liability.

The fact that you were not looking or did not see could be a factor of the accident leading to some fault on your part, but you should argue that they are much more at fault that you are? Remember that fault can be split on percentages (i.e., 90% to 10%) or something to that effect.

For more about fault, please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

All lawyers can dispute property damage, but because of the amount of work involved an the amount hassle, usually it’s not worth it for them (they will be charging anywhere from $100 to $200, depending your circumstances. It’s not fair. I know but it happens all the time.

See if you can get a lawyer. If you cant, contact the department of insurance of your state.

I hope this helps,

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