Am I partially responsible for an accident if the driver of the other car didn't have a license and made an illegal u-turn resulting in a collision.
Question Details: I received a settlement offer for my vehicle but the cover letter which accompanied the release of which I was told to sign stated, "This offer represents a compromise figure based on NYS Comparitive Negligence Law which means that if our insured is only partially for this loss, your claim for damages will be only partially reimbursed. 80% Settlement Offer: Our insured was turning when you struck our insured's vehicle."
Auto Accidents Law Answers
The fact that he had no license is not really relevant. In any accident, blame may be apportioned. For you to recover 80% is not bad and may be the right choice given the costly alternatives of litigating the issue.
I am a lawyer in CT and practice in this area of the law. You are not responsible for anything unless a judge or jury makes a decision after hearing the case (i.e. the facts). Until that time however, the insurance company will based settlment on the police report and depositions and witness statements and their own belief as to the likelihood of what their exposure is at trial. Until trial, the insurance company can do what they please.
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