What are my options if I was hit by a van as I attempted to pass it and now the other driver’s insurer is stating that I’m at fault so it is denying my claim?

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What are my options if I was hit by a van as I attempted to pass it and now the other driver’s insurer is stating that I’m at fault so it is denying my claim?

I had been following it and it had stopped in the middle of the road at an intersection. It appeared to me that it was turning left by the way the car was pointed, he did not have a turn signal on, it was stopped so I went around to the right and was hit by the van as it suddenly turned right. His insurance company is telling me it’s my fault so they are not going to pay for the damages to my car. My first repair estimate is for $ $6500.

Asked on June 10, 2015 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The insurer's decision is not the final word, because an insurer is not a court--only a court can assign liability (fault and responsibilty to pay). Therefore, your recourse is to sue the other driver if you believe, as you seem to, that he, not you was at fault. If you can prove in court, at least by a preponderance of the evidence (more likely than not), that he was at fault, you can recover the cost of your repairs. Be advised that this may be difficult: cars are not supposed to pass to the right, so the initial supposition or presumption of the court will be that you were at fault by passing to the right.


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