Auto Insurance Claims: Next course of action

Question
I was involved in an accident where the other party (driver 1) was at fault. 100%
He failed to yeild the right of way and I (driver 2) hit him. There was another car at a nearby stop sign and the violator's car was knocked into that vehicle.Three car was involved in accident.
The violator was issued a citation from failure to yeild the right of way. The agent for his insurance company (Geico) said they're assigning 40% of the blame on me b/c I didn't try to make manuevers to avoid the accident. I had no time to react. Traffic was very heavy.
I had on liability on the car I was driving. The adjuster for Geico totaled my car. The value was placed at $2800. The agent offered me $1700 for settlement.
The accident happened on May 21, 2015. I've been renting a car most of the time since the accident out of my own pocket.
I've been told I have to sue the driver. Is this true?

Thanks

Arthur

Answer
Hi Arthur,

I'm sorry you're going through this.

Unfortunately, many insurance companies will attempt to place a certain amount of fault on drivers who do not deserve it. This is only done to try to save the insurance company money. You can try to argue the point with them but, they will likely not accept 100% liability. In many cases the only way to get what you are entitled to you will need to file in small claims court against the at-fault driver in the county where they live. If you do decide to file a law suit, remember that you only get one shot to prove your case so you will need to bring all information and / or witnesses to court on the day of the trial. You may need to subpoena the police officer that came to the scene as well as any other drivers in the accident to testify as to what happened. Then the judge will decide who is liable for what percentages.

I hope this helps
Richard Hixenbaugh