Auto Insurance Claims: claim denied, comparitive negligence, highway ramp

Question
my 17 yr old son was driving south on inside lane of highway-other driver was going north but at intersection making left turn onto highway ramp--she pulled infront and they collieded--no tickets issued?!--she moved car before police arrived--I never saw cop measure skid my son did in order to avoid her-I only can afford liability for my teen and his car is totaled--her ins. says both contributed and not paying--they say my teen was speeding--I dont understand how they tell speed--I have measurements(supposably) oftire impressions 35- distance trveled after him45- hers 35- speed at time of impact estimated 25 on each party I have tried to figure out (not good math skills)does ins co rely on skid to stop formula? Im going to request arbitration and request reconstruction of skid--have any help??no attorney will help no injuries--I feel injustice in believing skids are just an estimate--they were only half of right lane at an angle then different skid after impact----I am however willing to accept that he may have acceleded in order to avoid her--I was told by insurance in  north carolina if they can find you 1% at fault they  dont have to pay claim--unreal--is this small claims situation?-any help would be awsome--thanks in advance

Answer
Hi Lauree,

There are some states that determine liability based on percentages. Also in some states it is true that if they can determine that you contributed to the accident only 1% then you can not collect from the other party. It's called Pure Comparitive Negligence.

Before filing a law suit you shoud try to verify this. Contact an attorney in North Carolina to ask if the is correct. If this is true and there is any way your son may have contributed to the accident even just 1% then the court would find against your son. So find out first before you spend the money on filing a law suit.

I hope this helps
Richard Hixenbaugh