I was hit and insurance adjusters are only offering me 25% of the damages not 100%, can they do that?

Get Legal Help Today

 Secured with SHA-256 Encryption

I was hit and insurance adjusters are only offering me 25% of the damages not 100%, can they do that?

I was coming out of a parking lot and headed west-bound; the traffic traveling east was clear. So I pulled into the street into the median waited about 7 seconds for traffic headed west-bound to clear. The back end of my car was sticking out into the east bound lane. It was a 2-lane street; 1 am and raining. Just as I was about to begin my turn I was struck by a cab driver. I think that I should get 100% of the damages because my car is totaled.

Asked on December 2, 2010 under Accident Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so I am guessing that they have assessed the liability or fault in this matter and have found you to be 75% at fault for your actions in operating the vehicle here.  Here is what you need to ask: why are they only offering 25%  Have they based the offer on an assessment of fault of the drivers involved?  Have they assessed your fault at 75%?  What I am thinking is that you are not permitted to make the turn as you describe here and that because of the conditions that evening they do not think that you operated the vehicle properly and they are paying you accordingly.  You should have someone look at this for you.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption