What are my options if I disagree with an insurance company’s finding of fault?

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What are my options if I disagree with an insurance company’s finding of fault?

A driver pulled out of a median and came across my lane while I was driving. He T-boned the front driver’s side of my car. His insurance is only finding him 90% at fault even though the police officer cited the man and put him at fault. Therefore, the insurance is only willing to pay me 90% for my totaled vehicle. I am not in agreement with this.

Asked on June 11, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your only recourse if they are not paying you everything to which you think you are entitled would be to sue the other driver for the full amount you believe you are owed; if you could prove in court his 100% fault and the amount of your damage, the other driver and/or his insuer would have to pay you the money. It might not be economically worthwhile to do this, however; say your car is currently worth (blue book fair market value) $12,000. The extra 10% you are seeking is $1,200; it might not be worth the time, headache and cost of a lawsuit to try to get that extra $1,200.


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