If my daughter was T-boned in my car and the other person’s insurer said they are only 20% liable, do I stand any chance of receiving more than 20%?

She had made a left turn. After making the left while going straight she was hit on the passenger side by a person who was clocked by a police officer 2 blocks before at 42 mph on a 30 mph zone. She did not brake or try to swerve but hit her full force at that accelerated speed. I did not have collision insurance and my car was totalled.

Asked on February 11, 2013 under Accident Law, New York


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you disagree with a settlement offer which only pays 20%, your recourse is to reject the settlement offer  and sue the other driver for negligence.

If your daughter was injured, the property damage is separate from the personal injury claim.

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