A motorcycle hit me but my insurance found me at fault
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A motorcycle hit me but my insurance found me at fault
Almost 4 months ago, I was making a left turn when I was making my turn a motorcycle was in the lane to turn right but he was going straight and hit me. Now my insurance says that it was my fault which I completely disagree with.
Asked on April 5, 2019 under Accident Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If your own insurer is not paying a claim (like under collision insurance) that you believe they should, you can sue them for "breach of contract": for violating their contactual obligations (an insurance policy is a contract) to pay for the damage under these circumstances. To win, you'd need to prove in court that under the facts of the accident, as applied to the terms of the policy, they should pay (e.g. that you were not at fault and/or that under the terms of your policy, fault is not a bar to the claim being paid).
If it is the motorcyclist's insurer not offering you anything, you would sue the motorcyclist (not the insuer) for having damaged your car. To win the case, you would need to prove in court that he was at fault, if you can do so, you will get a judgment in your favor, at which point he and/or his insurer. should pay.
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