Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 1, 2012

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Insurance Question from Bow Mar, CO

Asked on 04/01/2012

accident claim refused by co. accident in parking lot. No police came. The ot'her driver stated it was his fault, he was not watchin, there are witnesses, he was looking down while I was pulling out. he hit rear quarter panel. He called his ins. co. and explained it was his fault. they got on the phone with me and said they would take care of damages to my car because he accepted liability. I got a "authorized settlement" from them via e-mail totalling the car , 2 days later, they denied the claim, saying it was a 50/50 fault, they're driver not legally liable. Do I sue the driver now?? or still go after ins. co?

Answer given on April 03, 2012

It does not make sense that the insurance company accepted responsibility for the damages to your car and then changed their mind. It may be that the other driver made a statement that indicated there was partial responsibility on your part. You can call the insurance company and ask whey they changed their determination of fault. If they will not tell you, ask for a supervisor and see if you can get any additional information from them.There really is no reason to sue the driver of the car. His insurance has made a determination of fault and he is not involved. Of course, you can try small claims court for the damages, but it may be easier to settle this in another way.You can contact your insurance company and see if they will settle the damages for your car, less the deductible, and then they will try to subrogate against the other insurance company. If they are successful you will get your deductible back. However, it may end up in arbitration and you may only get a portion of your deductible back.


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