How do I get the most from the at fault driver’s insurance.

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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: Feb 4, 2013

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Insurance Question from Lorain, OH

Asked on 02/04/2013

How do I get the most from the at fault driver’s insurance. My daughter was in accident, her car is in my name and so is the insurance because she is 17. It was the other driver's fault, did not yield at stop sign, my daughter could not avoid hitting his car because he pulled out in her path. Police report was filed. Happened on Jan 9. Today, Feb 4, his insurance finally responded approving only 80% saying my daughter could have avoided hitting their insured. I now want not only 100% covered but some compensation for the delay and frustration, not to mention my daughter had to go to ER after accident for back, neck and head pain. Any advice?

Answer given on February 17, 2013

If your daughter was in an auto accident where the other driver ran a stop sign, it seems odd that the other insurance company would hold your daughter partically responsible. It is not necessarily the assumption that someone should anticipate a stop sign to be run. they should also pay for your duaghter’s injuries. The frustration and delay may not be offered as a part of the settlment.As an alternative, you can contact the insurance company who is settling the claim. Ask to speak to a supervisor and see if they will amend the responsibility. If they refuse, you can go to your insurance company and ask them to settle the collision damage and the injury to your daughter, presuming you have medical payments coverage. They will pay for the damage to your car, less the deductible until they can settle with the other insurance company. If you don’t have medical payments coverage, then your insurance company will not pay for the injuries.If neither of these solutions work, you may have to get an attorney, but that cost will probably eat up an “frustration” settlement that you might receive.

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