I was hit and insurance adjusters are only offering me 25% of the damages not 100%, can they do that?
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I was hit and insurance adjusters are only offering me 25% of the damages not 100%, can they do that?
I was coming out of a parking lot and headed west-bound; the traffic traveling east was clear. So I pulled into the street into the median waited about 7 seconds for traffic headed west-bound to clear. The back end of my car was sticking out into the east bound lane. It was a 2-lane street; 1 am and raining. Just as I was about to begin my turn I was struck by a cab driver. I think that I should get 100% of the damages because my car is totaled.
Asked on December 2, 2010 under Accident Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Ok so I am guessing that they have assessed the liability or fault in this matter and have found you to be 75% at fault for your actions in operating the vehicle here. Here is what you need to ask: why are they only offering 25% Have they based the offer on an assessment of fault of the drivers involved? Have they assessed your fault at 75%? What I am thinking is that you are not permitted to make the turn as you describe here and that because of the conditions that evening they do not think that you operated the vehicle properly and they are paying you accordingly. You should have someone look at this for you. Good luck.
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