Q: After a car accident, does it make sense to file a claim with the other parties insurance although mine found me liable?
I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other parties insurance? I also sustained an injury from it in the end.
A: It makes no sense unless you have a good argument that the other vehicle was at least partially at fault.
Tim Akpinar and Jonathan R. Ratchik agree with this answer
A:
If there's absolutely no basis on which to bring a claim, it could be a waste of time. If there is any basis, even if small, it could be worth exploring, since New York is a comparative negligence jurisdiction. That means that someone might have the basis for a claim even if the other side was slightly at fault. It's all fact-specific.
Unfortunately for your position, stop sign cases are often straightforward. However, speaking in the hypothetical, if one side was speeding or operating at night without headlights, those factors could be raised. Since you have injuries, you could try to arrange a free initial consult to learn more. But based on the brief facts of the post, there do not appear to be details that would help you or get hopes up for. An attorney MIGHT be able to offer better insight after seeing the police report. I hope that you and everyone else involved are okay. Good luck
Jonathan R. Ratchik agrees with this answer
A: As my colleagues correctly advised, unless there's some reason to believe that the other vehicle was partially at fault for the happening the crash, there'd be no point in filing a claim with the other vehicle's insurance carrier. It will likely just deny your claim (especially if your own carrier is accepting liability).
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
