Auto Insurance Claims: 10% at fault with Liability only policy, soft tissue damage, credible witness

Question
Hi Richard,

First, I would like to thank you for all of the wonderful advice you have given. It has been helpful this far and hope you can help me further.

My fiance was involved in an accident that was not her fault.  The other person involved ran a stop sign and she hit him in the middle of the intersection.  He fled the scene without giving any insurance information or identification.  He appeared to be drunk when he approached her and her passenger to see if they were ok.  Luckily she got his license plate number and the police found him the next day.  Unfortunately, there is no way to prove he was intoxicated.

Our car is a total loss as it was a 1999 Civic with 170k miles.  We had liability only coverage so we are dealing with Viking Insurance, his insurance company.  

They have stated that she is 10% at fault because she could have avoided the accident.  There were no other witnesses other than her passenger.  Their client is denying that he ran the stop sign even though the police report states that he did and he was cited for it.  They say the cop wasn't there so this cannot be used as evidence.

I have presented pictures proving that she veered right attempting to avoid the accident and a witness (passenger)report stating that he ran the stop sign, that my fiance was going the speed limit and she applied the brakes 10 feet before the collision.

I have also attempted to file a claim through our insurance company but we don't have comp & collision coverage so they will not pursue it.

I do not know if it is worth pursuing legal action because every lawyer I've talked to charges 33% or more of the settlement to take the case.  My fiance has soft tissue damage and issues with her jaw.  I don't know if it is in our best interest to get a lawyer because we might end up with less than if we just settled at 90%.  

What are your thoughts on this?

Is our passenger a credible witness?

Thanks in advance,

Mike  

Answer
Hi Mike,

Insurance companies often will try to say you're a small percentage at fault just to save a few bucks. Depending on the state you live in thay could also use this to substantially reduce an injury claim. The car was likely not worth all that much so to lose 10% may not be a big deal. If the injuries are not very bad and medical bills are fairly low it also may not be a problem for that either.

The 90/10 liability is something you can negotiate. You need to cal the insurance company and be polite but fair. You need to tell them that their insured was drunk and they are luckey he fled the scene or he would be in jail for DWI. You should use the fact that since the guy was drunk and fled the scene and had to be tracked down by the police the next day, that he would not make for a very credible witness if you have to sue him to get what your entitled to. Try you best to get them to accept 100% liability or maybe negotiate to 95/5. If at anytime you do not feel the insurance adjuster is treating you fairly you can always hire an attorney.

I hope this helps
Richard Hixenbaugh