Legal Question in Personal Injury in Arizona
Blame Game
On Wednesday July 26, 2006 in the early afternoon, I was in a collision in which a woman pulled out in front of me to make a left turn at a major intersection when I was approximately 1/4 of the way through the intersection. I have an eye witness who is a lawyer and the police officer who wrote the report saying I am not at fault, yet once a claim was filed with the woman's insurance company, they called back about a week later saying that based on revision of the police report (and only the police report), they believe that I should have been able to stop in time and therefore, they will only pay 80% of the damages to my vehicle. To me this sounds ridiculous, I know I couldn't have stopped, I was skidding and I swerved to the left of the woman, but the front right corner of my car still collided with the right rear corner of her car (I almost missed her). Plus in my opinion it sounds irrelevant if I could have missed her because she was the one failing to yield. I was going the speed limit and only she was cited. Now what should I do? Should I get an attorney to help negotiate or will they come around? I have opened a claim on my insurance because my agent told me I had to once they placed blame.
2 Answers from Attorneys
Re: Blame Game
These are difficult cases. Some insurance companies do their jobs by getting an early settlement. If you develop the need for surgery later, you are on your own!! There are ways to stop the "madness."
Re: Blame Game
This is not necessarily a new tactic, but we are beginning to see it a little more. They are trying to save 20 percent.
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