Do I have a case if I sue the other party?

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Do I have a case if I sue the other party?

I was in an accident on August 8, 2019. Another party and I were at an intersection. I stopped at the light. All lights were red. The green protected arrow came on for me to go. I proceeded to turn left. While turning left on the other side of the road was another vehicle. She proceeds to make a right turn on red while exiting a parking lot. She is doing this right turn on red while I’m turning left. It was almost as if when I was making my left turn the other vehicle was turning as well. This was a 3 lane road. She took the lane closest to the curb while I attempted to take the middle lane. While I’m still turning she does a lane change and I end up hitting her on the driver back side of her vehicle. I hadn’t completely finished my turn before she does a lane change. I filed a claim to get my vehicle fixed. I gave my statement. I received an email on today from the claims adjuster that says they won’t be accepting liability for my claim. The officer says the other party contributed to the accident when she did a right turn on red. Do I have a case if I sue the other driver for the damage on my vehicle?

Asked on August 31, 2019 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, if the other driver's insurer does not voluntarily pay you compensation, you could sue their driver: if you can prove in court that she was more than 50% at fault for the accident, you can get a judgment requiring her to pay compensation, at which time her insurer should pay for her. Note that since you hit her on the back driver's side of the vehicle, you may have difficulty proving her fault: as a general matter the car that hits another car is held to be at fault. 


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