Auto Insurance Claims: UNFAIR DISCION, Unfair liability decision


Question
My left turn was more compleat than not. Lady in 2nd lane of through traffic same speeding through and caved in my left rear tire and lower left bumper. Her car had scratches on the lower left and her hood has a small buckle.

The adjuster for my ins said that I am 51% at fault I do not agree who do I go to for help? My agent  of 10 years will not reply to me either and my car will be in the shop for a month now. Also do most / all adjusters work for the ins company?

Answer
Monica,

  Any adjuster that you didn't hire most definitely works for the insurance company.  Unfortunately, there is nothing you can do to make the insurance company's adjuster change their mind about whether you were at fault outside of really good persuasive arguments.  

  Depending on where you were, the law of the road may place you more at fault.  Insurance adjusters ultimately have to determine what a jury would say about liability, and that can be tough.  In every case I have handled that went to trial on a left turn issue, the person making the left turn was found to be more at fault.  In multiple States, too.  Generally speaking, in the US a person who is making a left turn (if they don't have a protected green arrow) is supposed to yield the right of way to other vehicles that are approaching the intersection in such proximity as to cause a hazard.  Of course, if you could prove the other person was speeding excessively or doing something really negligent which caused the accident, then you might convince a jury / adjuster to place more fault on the one going straight.

   The usual argument is that the law says that person turning left is the one required to be on a more careful lookout than the other person.  Did you not see the other person?  If you didn't, then why?  Was your view of oncoming traffic obstructed?  If it was, don't you think you shouldn't turn until you are sure there is nothing coming?  If you saw them coming, then why did you turn?  If you thought they were far enough away, then what are you saying, that you turned and then just forgot about them and casually crossed through traffic without looking again to see if they were approaching faster than you thought?  

   I am sorry to say I think you will have a hard time getting a better decision.  When you are turning left, it is almost always considered to be more your fault if a collision occurs, in almost every State (again, barring unusual circumstances).  

   Although I'm sure this isn't what you wanted to hear, I hope it helps anyway.

Regards,
JP