Legal Question in Insurance Law in Pennsylvania

Auto accident negotiation

My friend was deemed 50% responsible for an auto accident and offered 50% percent of the value of her ''older'' vehicle less the fee incurred to store the auto. The insurance company lingered in making their decision, thus the car has already been in storage two weeks. Does she have to pay this fee? Does she have ANY negotiating power with the insurance company?


Asked on 8/23/07, 12:55 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Auto accident negotiation

You asked about an insurance settlement.

There are no rules about insurance settlements. A person pays insurance so that they are made whole after an accident. They are paid by the liability of another vehicle's policy if they are not at fault generally to the extent they are not at fault. If they are at fault then that person's own collision coverage kick's in. It depends on what coverages the driver held and what the particulars of the accident are. Unfortunately the driver has probably already screwed up their claim by speaking to the insurer without an attorney.

Only a court of law can irrefutably assign fault. An insurance company's opinion is worth squat. Rather than accept any fault a driver should assert that they are due the full value of the vehicle plus any other injuries, including loss of wages, alternative transportation and physical injuries. The vehicle should be compensated at the high retail value of the vehicle rather than the lowest blue book value.

When involved in an accident, make certain all people are safe, get the vehicles to a safe location and then contact an attorney before saying one word to anyone (including police, bystanders, the other drivers or passengers or insurance personnel), especially insurance personnel.

Regards,

Roger

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Answered on 8/23/07, 1:24 pm


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