What can I do if I strongly believe that the insurance company has made a unfair decision on a claim?

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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: Dec 5, 2012

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Insurance Question from Manhattan, NY

Asked on 12/05/2012

What can I do if I strongly believe that the insurance company has made a unfair decision on a claim? I was recently involved in a car accident. I was on the second lane from the right because the first lane was for bus only and I was waiting for the traffic light to turn green. At the time I was waiting for the light to turn green, there were no cars onto my right hand side. I switched my signal lights on and slowly made a legal right. This other car came zooming on a bus only lane and struck my car. The insurance is asying he was going straight so its my fault but the he came from behind me and tried to overpass on the right hand side on a bus lane. The insurance is saying I'm 90% liabile

Answer given on December 28, 2012

When you are involved in an auto accident and the other car is on your right as you attempt a right turn, the insurance copanies are usually going to consider you as the at fault driver.If the lane being used by the driver on the right is a bus only laee, you will need to prove that the lane is bus only full time. Many bus only lanes are multiple use at different times of the day.If there was a police report, you may be able to review it to see if there is any supporting evidence for your side. If so, talk to the adjuster to try to change their opinion. You did not indicate which insurance company is saying you are 90% at fault – whether it is your insurace company or the other driver’s insurance. If it is the other driver’s insurance, talk to your company about the accident and see if they are agreeing or not with the other company’s assertion. If they do not agree, then they will have to work out a compromise with the other company. They will often go to arbitration and see how it works out.

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