Should I threaten insurance company regarding the determination of fault?

UPDATED: Oct 1, 2022

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Should I threaten insurance company regarding the determination of fault?

I have insurance in DE which is a no-fault state. The other vehicle ran a red light and hit the back right side of my car and now my vehicle is totaled. I have not been injured that I know of but it has been a week but my insurer still has not determined that the other car is at fault even though the other party received a citation. They are claiming that I did not look both ways before crossing the road even though my light was green and I had the right of way so they are trying to determine the % of who is at fault in order to determine how much they will pay out. The other vehicle has a minor dent in the front but was able to drive away from the scene. I had to get my car towed and is incurring expenses, I have been out of work for a week, I have missed my daughter’s sports tournaments. I have travel expenses from having to get a ride to get where I need. What should I do? If they claim I am 49% at fault and the other one 51%, should I appeal or get a lawyer for all the other issues that I have experienced because of this accident?

Asked on July 8, 2019 under Accident Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An insurer may take a reasonable time to investigate and process a claim. You state you have been out of work for a week, implying that the claim is a maybe a little more than a week old: a week, two weeks, even three, is NOT unreasonable to determine fault and payment, so they seem to have done nothing wrong or actionable yet. It appears to be premature to try to take action.
In addition, not everything you are concerned about is something for which you are entitled to compensation for:
1) There is no compensation for missing your daughter's sports tournaments: that is simply not a "loss" the law recognizes.
2) There are ways to get to work, or do work (if it involves driving) without a car of your own: mass transit; renting a car; Uber/Lyft; taxis; etc. The law expectrs you you to do things to get work and not miss it, compounding or increasing your loss, and will not compensate your for missing work for a week when you have options.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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