Expert: Anne - 9/22/2010

Question
I was involved in an auto accident this week. The opposing vehicle failed to yield at a yield sign and hit the very front of my vehicle( they were ticketed). I received a call from the agent at they are only willing to pay 80% of the damages, they state I should have been able to avoid the accident. I'm not sure what to do.I'm a very good driver. I have never been in an accident before.

Answer
Hello Missy,

Every driver has a duty to obey the rules of the road, to maintain proper lookout, and to "try" to avoid an accident.

By definition, in every accident, one of the parties or both were unable to avoid the accident. If they were able to do that, there would not be an accident on the first place.

Insurance companies fight you on this... I am not sure what the reasoning is to argue with the statement above.

However, you need to remember that you "tried" to avoid, but your were not successful on doing so. You did not cause the accident and you lack of avoidance is not the proximate cause of the accident.

For more about how fault is determined Please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

I hope this helps,

Good Luck
Anne
http://www.quirogalawoffice.com/