Q: My son was in an accident that has totaled out his car. The other insurance co does not want to take full responsibility
The other driver pulled out in front of him and was cited for failure to yield right of way. My insurance company says the other driver is 100% at fault but the other insurance co. says they will only take 85% responsibility. There was a witness on the scene that said they think that my son may have been speeding but the police report doesn't say anything about him speeding other than there was a witness that stated this. The problem with the 85% is now they say I have to retrieve the car and I have to retain it. I have no use for a totaled car nor do I want the headache of having to deal with it. We only had liability insurance so my insurance will not handle this for me. Is this something an attorney should handle. I am at a loss and not sure what to do.
A: I understand your situation may be worrisome, but it occurs commonly. Insurance companies will often dispute liability because it can save them money. If I were you, I would contact an attorney in your area to handle your claim. Make sure to find someone with experience, who you feel comfortable with, and who will file suit (if necessary). Once you find a lawyer to fight for you, leave the worrying to him or her. All the best!
A: This sounds extremely typical. Yes, you need an attorney since there is a dispute as to liability. The witness should be questioned about how they could determine that your son was speeding.
Contact a member of the Texas Trial Lawyers Association--they give free consults.
You can file a complaint with the insurance commissioner but with the police report having that witness statement may not do any good. Problem is if the car isn't stored at your property it's racheting up storage fees like crazy. You can have it towed to your property while you argue with the company.
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