Legal Question in Insurance Law in Texas

At fault percentage?

I entered an intersection northbound as it turned yellow. The other vehicle, traveling southbound, turned left in front of us causing me to hit her broadside. She would have had to also entered a yellow with an obstructed view(due to the traffic) .

Going southbound you have a green arrow(guarded), green circle,yellow, & red.

I did enter with an amount of caution. Her adjuster claims I am at 30% at fault because of the yellow light. I do not agree. She had to yield to me. If both lights were green, would it make a difference in fault percentage. To confuse me even more, they (her ins.)haven't even gotten the police report yet! It won't be available for 5 more days. Does her ins. have to make her statement available?

I was told that what the officer says has little affect on the outcome,but he did tell me the other driver was at fault due to her not yielding and I made sure I told my adjuster that.

My vehicle is now a total loss(per my ins.) and her insurance is wearing concrete shoes.

Is this at fault % just some sort of b.s. haggling that ins. co. like to play out?

This nightmare is becoming a reality. I get to spend tomorrow evening at the hospital getting an MRI.

Thanks


Asked on 2/28/09, 12:55 am

2 Answers from Attorneys
David Leon David L. Leon, P.C.

Re: At fault percentage?

Yes, that is negotiable. You should get an attorney to fight for you. The adjusters will take advantage of unrepresented people. Feel free to call if you would to discuss your matter further.

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Answered on 2/28/09, 1:25 am
Dan Street Street Law Firm

Re: At fault percentage?

The nightmare you are experiencing is called "comparative negligence" and it is becoming the norm for all insurance companies to attempt in any intersection collision. The practical effect of putting 30% comparative negligence on you is that it reduces the amount the insurance company has to pay you by 30%--on both your vehicle AND your bodily injury claim. Pretty clever, huh? You will find that most adjusters will try this tactic until you get an attorney. The reason? Because most people, not knowing any better, will accept 30% less, feeling they have no alternative. (Amazingly, 9 out of 10 accident victims settle their claims without ever consulting with an attorney. You can bank on the fact that all 9 are getting cheated.) You need to hire a competent personal injury lawyer immediately. Your situation is not going to get any better until you do. Call me.

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Answered on 2/28/09, 7:17 pm


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