Auto Insurance Claims/Auto accident


David Clark wrote at 2014-10-13 19:29:10
Generally the burden is on the vehicle entering the lane. He is obligated to proceed only after checking for other vehicles, bicycles or pedestrians to name a view. I'm sure you've heard the "Left, right, left" rule.  Further if the sun was in his eyes and he could not get a clear view then it's up to him to block it, or otherwise move to where he could see clearly.  Just because he had an excuse(in his opinion anyway) does not relieve his required obligation to drive in a safe way.

I'd recommend placing the claim with your company, then let THEM work it out.  When they settle you'll get your deductible, and his company won't be able to jerk you around because of your lack of knowledge.  

Bottom line for me:you were driving safely, had your car under control when the careless driver placed you in a situation where you could not win.  You acted in such a way to avoid him, though because of his carelessness in attempting to avoid him your vehicle was damaged.  He is the "Proximate" cause of your damage, i.e. he screwed up.

Seen many of these type claims, and only Allstate tried to claim "contributory" action.

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Justin Petty


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.


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.

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

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?".

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.

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Platinum Author ( All Lines Adjuster (TX, 1998 - 2008) TX Public Adjuster (2009 - 2011)

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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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