What to do if I got in a wreck in my neighborhood and the other car was a fault?

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What to do if I got in a wreck in my neighborhood and the other car was a fault?

The other vehicle (a car) signaled left merged left but then turned right and hit me on the left side of my motorcycle. I had just opened a motorcycle policy that day and my insurance company who I’ve been with for 3 years automobile wise said that they won’t be able to do anything because the accident happened before the paperwork went through. The other parties insurance company at first said it was 90% my fault and now they say it is 80% my fault. I gave them my statement and by my no means was the accident my fault much less 80%. What can I do if I don’t agree with their assessment? I believe if my insurance company was involved it would be a different story.

Asked on April 23, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you believe the other driver was at fault, you do not need to take their insurance company's opinion as in any way binding: the insurer is *not* a court. You have the right to sue the other driver and attempt to prove in court that he or she was at fault, or at least more at fault, and responsible for your injuries. As to your own insurer, if you feel that you should have been covered, you can sue them for breach of contract, for not honoring their obligations.


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