Expert: Richard Hixenbaugh - 2/14/2010

Question
I stopped at a stop sign at an all-way stop T-intersection; there was no on-coming traffic I proceeded into the intersection and a car came shooting out from my right and crashed into the right rear side of my car.  The police report confirms that the other driver didn't fully stop at his stop sign, but his insurance company is offering only 85% of the costs of repair (close to $3000) - shouldn't they pay 100%  How can I get them to pay the full cost, short of taking them to court (during which time I will have a car with the right rear wheel out of whack)?

Answer
Hi Jacob,

Based on your description of events, it does sound like the other driver is 100% at fault. Placing 15% of the blame on you is simply something some insurance companies do just to try to save a few dollars.

You should insist that you will not accept any % of the liability for this accident. If need be, ask to speaak to a supervisor or manager. If they stil refuse then you may have to go to court. However, you would not sue the insurance company. You would sue the person that was driving the other car in the county in which they live, because it was him or her that caused the accident. You will need to subpoena the police officer to come to court to testify as well. The more prepared you are the better your chances of winning in court. You should go back to the scene of the accident and take photos of various angles of the intersection so that you can explain in detail where all of the cars were and how the accident occured.

I hope this helps
Richard Hixenbaugh