What recourse do I have regarding liability for a traffic accident?

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What recourse do I have regarding liability for a traffic accident?

I was basically run off the road by another driver. My car is totaled. No damage to other car because I avoided them. I managed to avoid hitting the other car but ended up off the road. The other party received a reckless driving ticket. The other party’s insurance company is saying this is all my fault because I “chose” to drive off the road and hit a telephone pole. The other driver made a left turn in front of me and did not yield. Therefore I get no money for my car. Since I have no collision insurance, I’m on my own to fight this battle. My Insurance company told me that the “case is closed’ as far as it is concerned.

Asked on February 18, 2016 under Accident Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You don't have to take what the other party's insurance company says at face value--their opinion is just that: their opinon: it is not a legal determination and has no binding effect. (And consider: they have a strong incentive to tell you that it's your fault--they don't want to pay money.) If you believe that the other driver was at fault in causing the accident, as they may have been, based on what you write, you have the right to sue the other driver for all your costs and losses. If you can convince a court through your testimony and other witness testimony or other credibile evidence that it is more likely than not that the other driver drove negligently (or carelessly) and caused the accident, you could get a judgment in your favor ordering the other driver to pay you compensation.


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