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Auto Insurance Claims/auto Claim not fair wat should i do


On monday i was in an auto collision were the other party was at fault. it was day light and a little foggy but not heavy enough were U couldn't see . I was running on a four lane straight were a car jumped out into traffic and said he did not see me and made a complete stop in front of me . i hit his driver rear door and messed up my whole front end . i did not receive any tickets from the accident but he is saying that he did not see me because my head lights weren't on but his window was down . it was daylight and dont of peoples head lights were not on .his insurance said that they will only play 70 of my repairs but i have to pay the other 30 which is 900 dollars that i don't have what should i do in this situation because i'm without a car and no way to work so I'm on the verge of losing my job i have tried over and over to get this resolved please help

 Hello Chantel,

You are lucky that they agreed to pay 70%.  They could have decided that you were fully responsible for the accident.

You mention that you could see just fine in the fog.  The problem is, just because you can see does not mean that other people can see you.  That's why most states have traffic laws that require lights-on when visibility is an issue.  The Texas Transportation Code reads in pertinent part:

547.302. DUTY TO DISPLAY LIGHTS.  (a) A vehicle shall
display each lighted lamp and illuminating device required by this
chapter to be on the vehicle:
     (1)  at nighttime;  and          
     (2)  when light is insufficient or atmospheric
conditions are unfavorable so that a person or vehicle on the
highway is not clearly discernible at a distance of 1,000 feet

Note the term "atmospheric conditions", which would include fog.

If you cannot afford the additional $900 in repairs, you can always file a Collision claim if you have that coverage.  The downside could be that your carrier would also find you responsible.  In any event, you would have to pay a deductible.

Sorry for the bad news.

Jane Pytel

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Jane Pytel


I can answer questions related to auto accidents, auto damage, auto theft claims, or personal injury claims. I am specifically suited to answer questions concerning insurance investigations and the effects of those investigations such as claim delays, claim denials, examinations under oath, or the special investigations unit. I can answer most any question that relates to proper claims investigations, or claims handling procedures and processes. I have authored several ebooks which provide claim guidance for consumers. Those books are available on Amazon Kindle: Power To Profit - will provide you with the knowledge you need to overcome the patterned obstacles that insurance companies will use to delay, devalue, or deny your valid insurance claim. The No Nonsense Guide to Accident Settlement - Teaches you how to manage your claim, how to identify the precise tactics likely to be used against you, and how you must respond.


12 years of experience with 3 major insurance companies. I hold an all lines adjusters license in Florida. I am well versed in claims handling, claims investigations, and industry standards related to both. The bulk of my experience stems from my 10 years as a police officer / detective. Building on that investigative experience, I became an SIU (Special Investigations Unit) Investigator. Accordingly, my unique expertise lies in the investigation of claims. What is necessary and related, what is not necessary and related? What constitutes a fair claims investigation? What recourse is available for consumers who suspect they are experiencing unfair claims delays? During the course of my experience, I became a certified trainer, instructing adjusters and investigators proper techniques for claims investigation and claims handling.

B.A., Communications, University of Miami 350 credit hours of intense investigative training, Miami Dade Police 80 hours of investigative training, various Federal Agencies, Miami, Fl Intensive Accident Reconstruction and Pedestrian Injury Analysis, NHTSA, National Highway Traffic Safety Agency, Oklahoma City, OK 2 weeks Auto Damage Appraisal, Winston Salem, NC Legal Principles Claim Specialist, AEI

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