Auto Insurance Claims: Ins. Companies dont agree on fault, southbound side, residential street


Question
I was involved in an accident that I and my insurance company agree was the other driver's fault 100%. However, his insurance decided it was 100% my fault. Unfortunatley I only had liability insurance which means I get no $$ to replace my totaled car if his insurance persists on blaming me. I am wondering what my options are, my car was paid off and was only worth 3500$ and I only had a minor injury that cost just $100 for the emergency room. Should I hire a lawyer? Or would it not be worth the time and cost? I'm also afraid of what might happen to my driving record.

Also what do I have a right to have access to? I do not know how they could have possibly found me at fault. The other guy's insurance said it was based off of statements that their client made. Do I have the right to see his statement?

Accident details:
I was traveling northbound and stopped with my signal on to make an uncontrolled left onto a residential street. The other driver was parked on the southbound side of the street. Once I saw the way was clear I proceeded to make my turn. When I was halfway through my turn the other driver pulled away from his parking space at the curb without a signal. He hit my passenger side and totaled my car. Because I already began my turn and 'had control of the intersection' and because my insurance company said that the other driver 'basicually admitted to be only looking behind him before he pulled out into traffic' in his statement to them they agreed with me that the other driver was at 100% fault.

Answer
Hi Robyn,

Based on your explanation of events, I would agree the other driver was at fault. However, since you have no insurance coverage and the other insurance is denying liability, the only thing you can do is to file a small claims law suit against the other driver. If you win the other insurance company would have to pay you. Unfortunately this case is not large enough for an attorney to be interested in it so you would likely have to represent yourself.

I hope this helps
Richard Hixenbaugh