Legal Question in Insurance Law in West Virginia

a truck backed into my car.

a coke truck backed into my vehicle on a subway parking lot the other day. no police report was filed, because it was personal property and no one was injured, but my car is smashed. the coke insurance adjuster is offering to pay half because he says we backed into each other, but he was backing up and i was in first gear moving forward. should i accept the offer?


Asked on 7/15/08, 1:02 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: a truck backed into my car.

The concept of fairness would suggest, under the facts you describe, no, you should not accept the offer. There are a lot of factors to consider prior to taking a reduced settlement. They include: whether you have collision coverage, quality of your proof, such as witnesses, the location and nature of the damage, your stomach for litigation, etc. You should consider at least consulting with a lawyer and should hire a lawyer if you sue and the other side retains counsel.

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Answered on 7/15/08, 3:01 pm


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