Auto Insurance Claims/Auto accident

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Question
I was coming home from Walmart going the back way down a well traveled county road going the speed limit when a man pulled out of his driveway on the left side of me turning left, the same way I was going. He was over the line and I didn't have time to slow down so to avoid him from hitting me in the side I swerved and hit a culvert, bounced out and proceeded to pull off on the shoulder. He stopped to make sure I was o.k. I was shaken up and he said he didn't see me because of the blinding evening sun. I called the pilice and they said the axle was bent on my vehicle and it was un-drivable. They had it towed to a wrecker yard. Who's insurance should pay for this? I feel like he is at fault. What do you think?

Answer
It is definitely his fault, in my opinion.  Although the insurance company for him could argue that you made a faulty evasive action, your defense would be that the accident was sudden and unavoidable due to the negligence of their insured (the guy who didn't keep a proper lookout and failed to yield the right of way to you).  

Make a claim against his policy and if they want to argue with you, you'll have to decide whether to fight about it or not.  I don't see how a jury could place you at blame if the facts are not disputed.

I hope this helps.

Justin

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Justin Petty

Expertise

Challenge me! I promise that I will provide you with the most honest answer I can muster, and I will base it on nearly 20 years of complex claims experience. My strength is shooting it straight and seeing through BS. I do not bluff and I can tell when somebody is. I've handled claims in almost every State in the U.S. and adjusted claims and consulted attorneys and CEO's on recovery and special claims tactics for over a decade. I am the founder and President of Petty Details, LLC. We provide the highest quality claim services to insurance companies, attorneys and individuals all exactly in the same way, by paying attention to the details and doing the right thing.

Experience

Nearly 20 years of combined claim company management, litigation, all lines adjusting, claim auditing, damage assessment, subrogation, small claims, tort recovery, collection, skip-tracing, tactical investigations, and contribution claim recovery experience across the United States of America.

Organizations
NASP (National Association of Subrogation Professionals) AllExperts.com (Auto Insurance Expert) Diminished Value Appraisers Group (LinkedIn)

Publications
10 years experience in writing and developing technical claims correspondence for litigation and unique scenarios at insurance companies and as a consultant to attorneys assisting with legal briefs and research. 42 published articles relating to auto insurance and claims. Self Published e-books entitled "How Much is My Injury Worth" and "Diminished Value - How Do I Get Paid?".

Education/Credentials
School of hard knocks, 3 years college, NO DEGREE, years of real world experience running a claims service company and adjusting claims for carriers. Speaks English and Spanish, Limited Portuguese & Italian.

Awards and Honors
Platinum Author (EzineArticles.com) All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

Past/Present Clients
State Farm Insurance, Endeavor GA, MileMeter Ins., American Recreational Markets, Gainsco Ins. Co., Safeway Ins., Home State County Mutual Insurance, Old American County Mutual Insurance, FCCI, Farm Bureau, Liberty Mutual, and Pronto General Agency, LTD just to name a few! On top of insurance companies and attorneys, I have personally helped thousands of accident victims with the difficult and stressful process of navigating their claim to a successful resolution.

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