Auto Insurance Claims: car accident clearly other guys fault, passing zone, kansas legislature


Question
I was traveling north in my dads Yukon denali there was a semi truck ahead of me, and a pickup with a trailer ahead of the semi truck. the pickup with the trailer had his right hand signal on and was getting over as to make a right turn.  The semi went around the pickup as this was a passing zone.  after the semi cleared and got around i proceeded to pass. as i got halfway around the trailer he abruptly turned left instead of right, I had to slam on the brakes and tried to miss his trailer but could not avoid it, the front drivers side bumper caught the side of the trailer which then thru me into the ditch.  5 statements were taken me my wife the semi truck driver who stopped, the driver of the pickup and the car behind me.  everyone except the pickup driver had the same statement, that the pickup had the right signal on and then turned left.  The police report indicated that where i had passed there was nothing to indicate that I could not pass here, also the police officer went to check the pickups signals and found that he had the wires to the signals backwards.  When talking with the insurance company they seemed in agreement that i had nothing to worry about it seemed cut and dry(not my fault).  my dads insurance claims rep called me at work two days later saying that even though the other guy in the pickup had the wrong signal on I was at fault because Kansas law states you can not pass within 100ft of an intersection.  I asked her where she got this info she told me the Kansas state drivers manual.  I was already upset and found this very odd that she would look in a drivers manual for advice on a law as drivers manuals should not be used as replacement of statutes,  I wanted a second opinion since the police report had said i had every right to pass here.  I went to my insurance company and got a second opinion they looked up an actual Kansas state statue from the Kansas legislature and found that you are not allowed to pass at an intersection in town but exceptions are that once out of city limits the intersection has to be clearly marked no passing in order not to pass. and this intersection was not marked no passing as the officer stated and out of the city limits and also on the highway and the pickup was turning onto a country road.  after we gave this info to her she reopened the case but is still giving us the run around and this is the insurance person suppose to be representing us not the other person what do we do besides a lawyer which we have talked to that is itching to take the case.  also they are offering much less for the 2000 Yukon denali than it is worth private party values are 14,000 blue book retail is 17000.  they say we have to go with one they found that was only 10,000 and then they are offering 2000 over that for taxes and stuff.  this vehicle is not in as nice of condition as my dads was plus my dad had just put new brakes fuel pump, body control module, tires, and replaced intake, which will all more than likely have to be done on the vehicle they are talking about due to around the same mileage, dads vehicle was meticulously kept.  This is just not right why do we have to settle for an inferior vehicle.  Any help would be appreciated, thank you.

Answer
Hi Ben,

Insurance companies like to dictate how things will be done. Just say NO. You can check the following websites to determine the value of the vehicle:

1) www.nada.com
2) www.kbb.com
3) www.edmunds.com
4) www.autotrader.com

The last one will let you search for currently for sale vehicle like yours in your area. With all of these you should be looking at retail value. With #4 look for vehicles with similar mileage, condition, options, etc.  Average all the value info you find and present it to the insurance company. Just stand strong, you can break them.

As for the road laws you talked about, you should get actual copies and send them to your insurance adjuster. If you do not get action, call the adjusters supervisor or claims manager and complain about his/her lack of action.

"Make lots of noise. The squeeky wheel gets the greese"

I hope this helps
Richard Hixenbaugh