If an insurance company is trying to get me to take only 85% of my vehicle assessment value and it was the other persons fault, am I saying I was 15% at fault?

UPDATED: Dec 14, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If an insurance company is trying to get me to take only 85% of my vehicle assessment value and it was the other persons fault, am I saying I was 15% at fault?

My husband was in an auto accident where someone pulled in front of him, therefore resulting in the death of a passenger in the other vehicle. The police report clearly states that the other person was at fault. My husband was charged with DUI with death, witch was dropped down to DUI in court Monday. We have to return to court when they get blood test results back. Should we have anything to worry about? I am worried the other driver will try to sue us for our land.

Asked on December 14, 2011 under Accident Law, West Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If an insurance carrier which is not your own carrier is seeking to have you take 85% of the fair market value of the vehicle that was damaged at the time of the accident, it essentially is trying to hold the driver of the vehicle 15% responsible for the vehicle's damages.

As to the criminal matter against your husband resulting from the accident and the DUI, if he does not have a criminal defense attorney, he should retain one immediately. In every criminal matter one who is charged with a crime should be worried. Since a person was killed in the accident that you are writing about, I would be even more concerned for many reasons.

I would anticipate a lawsuit by the deceased person's heirs. I would consult with an experienced personal injury defense attorney about the situation and place your auto insurance company on notice of the situation if you have not done so already.

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 lock Secured with SHA-256 Encryption