Expert: Ron Cercone - 3/16/2010

Question
I was involved in a car accident in which the other party failed to yield crossing a two way street from a stop sign.  I was unable to avoid the accident and his vehicle struck my drivers side bumper and fender.  The police report shows failure to yield and in attendance.  I contacted his insurance to make a claim.  They directed me to go to one of there claim facilities.  There was only minor damage that totaled $980.  I received a phone call, from the other parties insurance.  They agreed to pay me 65% of the claim.  I refused to settle for a portion of my damaged paid.  I called three days later to have them review the police report.  They agreed their party did fail to yield and admitted fault.  They decided to pay only 75%.  I refused to settle again.  I questioned why only 75%.  They said I should have avoided the accident.  How should I proceed with this claim?  Should I take the other party to small claims?

Answer
Before you go to small claims court, ask them what you should have done to avoid the accident. If its something stupid like you should have seen the other driver was not slowing down, I think a judge would give you 100%. It's always a gamble in court. But hey, for such a small claim, I think the insurer would be wasting their adjusters time going to court. Call their bluff and file suit. They may call you to settle a day before court.