Q: Can i sue for damages for auto accident if other person was at fault
I was in an car accident, i was not at fault. The other driver who was at fault was at fault cause she failed to yeild right of way. Now her insurance wants to only be liable for 60% of the outcome then there adjusters came and looked vehicle and the cost of repairs is more the what the car is worth now the insurance said they would be willing to pay 70% and want me to accept 30% and im not accepting it, she was 100% at fault not I. All i am at fault for is not having insurance which did not contribute anything toward the accident. The other driver should be 100% at fault due to her not proceeding with caution when she admitted to being at a red light and made a bad judgement call and proceed on to on comming traffic, my light was yellow hers was red cause she was trying to turn right while i was driving straight. The crash report says she was at fault for failing to yeild right of way. Should i bring this to court if they don't accept my options either the cost of repairs or the worth
A: Yes you may sue for damages because you were not at fault. The only issue I would be concerned about given the facts as laid out is whether or not you were speeding. That would be relevant because, when speeding, you forfeit the right of way you otherwise may have had. The right of way is not absolute.
As relates to damages, it depends upon what damages they are. However, it appears to me that the insurance company wants you to bear a significant portion of the damages which they have characterized as 30%. If you sustained injuries, you may wish to consult with a personal injury lawyer in your area to determine what if any your damages might be. If it is only property damage then you need to also consider how much damage your vehicle sustained versus what they allege was caused by your negligence on their insured's vehicle. You need to consult with a practitioner in your area but based upon the limited facts I have seen, I believe that if they failed to yield the right of way and there is no credible evidence that you were speeding, they need to honor the claim or, failing which, you are entitled of course to file a lawsuit against their insured and that insurance company. Be advised that you have 3 yrs from the date of the accident within which to file any lawsuit. You must file the lawsuit before the expiration of the 3 yrs and do so within that period and serve the summons and complaint on the insurance company via their registered agent as well as personally serve the driver of their insured vehicle. You need a process server to do this. Please consult with someone as it is less likely you will get any meaningful justice without such.
Thank you very much. This is not legal advice of course.
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