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Complaint 3 of 20 in "Fault and No-Fault Issues"

Insurance Carrier: Safeco
State: Illinois

Consumer Complaint:

The other driver's insurance company refuses to pay for damages to my vehicle. They said I was to blame for 55% when police investigation placed the blame on the other driver. She was coming off of a side street with a stop sign. I was traveling on a busy street with no traffic signals she darted out and cut me off.

Insurance Expert Answer:

First, when the police conclude that driver A is at fault rather than driver B that usually is influential to many insurance companies, although not at all conclusive. I was not there and the police were not there; we base our conclusions on what stories we get. But even though the drivers each often feel they were blameless and the other guy was at fault, if the other guy hit you and he had a stop sign, that sounds pretty much as if he was at fault. If you have collision, let your carrier handle it, and it will likely reimburse you most if not all the deductible after they collect it from the other side. It's doubtful the carrier will play games with the other carrier. If you don't have collision and the other driver's adjuster will not believe you, get the car repaired and take the driver to small claims court. You'll tell your story, and if the other guy hit you and he had a stop sign, that sound pretty much as if he was at fault. As for a lawyer, damages below $5,000 is far below the level at which any lawyer would find it interesting absent some real personal injury.