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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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