Nys law liability

I was in an accident where my car was
tipped over by a man that ran a a red
light to turn on red. Progressive says
they think they are only 80 percent
liable? Ifeel the accident is no fault
of mine.

Asked on September 13, 2017 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you refuse the insurer's settlement offer, you can sue the driver who was at fault (e.g. running a red light) in damaging your car.  So if you want, you could sue to try to get that extra 20%. If you can prove in court--as you may well be able to, based on what you write--that the other driver was wholly at fault, you can get a judgment for the full amount of damage. The question becomes, is it worth doing? Even if you act as your own attorney ("pro se"), assume you will lose 1-2 week days (e.g. work days) at a minimum to a lawsuit; you will delay getting your money for several months; and even if you have a strong case, winning is never 100% guaranteed (even good cases lose sometimes). If the extra 20% would only result in several hundred dollars, it may not be worth these factors.

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