What to do if I do not agree with insurance 50/50 decision? 13 Answers as of December 19, 2012

I was driving from N. straight on Green light when 84 yr. old lady ran Red light & cut me off from W. She lied to police she had green light. But her adjuster told me in recorded statement she told Ins. accident occurred before light and I came from nowhere & hit her. I showed Ins. Pictures of location where it clearly shows lights. The PO report also showed accident occurred at intersection w/ lights. The lady's statement clearly shows that she drove through the intersection without knowing that there is a light. What to do if I disagree with insurance's 50/50 decision? I have liability only and they are willing to pay 50% of the damage. Can I appeal?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer and sue. The insurance company will act to reduce the amount of money it pays out. If you want justice, you will not get it arguing with an insurance adjuster.
Answer Applies to: Michigan
Replied: 12/19/2012
Law Offices of Mark West
Law Offices of Mark West | Mark West
You would have to sue before you appeal. Depending on the amount of the damage you are claiming, you could sue the woman in small claims court. The insurance company would probably send a lawyer or adjuster to argue the case. You would not be entitled to a lawyer however. It is rare an insurance company will change its mind in this sort of he said/she said case. Are there any witnesses to the actual incident? Not the police who came after, but actual witnesses? That would be the critical game changer.
Answer Applies to: California
Replied: 11/9/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Not a matter of appeal. You have a "he said she said" case. insurance companies almost never pay full value if they think they have a 50/50 chance to win (and they do) get the best figure you can, settle and get on with your life. You can sue but if you do you can lose, or the jury might Solomonize the case like the insurance company is offering to do. You have a case but not a good case.
Answer Applies to: North Carolina
Replied: 11/9/2012
John Russo | John Russo
Appeal what? This is not in litigation. Your only option is to put it into suit. You have a major problem here your word against hers and no witnesses, and the police report does not determine liability, therefor you have what is called contributory negligence both parties are equally at fault. The intersection may show lights and you may be correct her statement may be inconsistent, but the insurance company is denying full liability so all you can do is put into suit, sorry to say though you will be in way over your head, and their attorney's will bury you where no one will find the body. See if you can get a good PI lawyer to take the case should have done so out of the box, lawyers don't get paid on personal injury cases unless you do, but at this point you may have done unrepairable damage to your case by dealing with the insurance company yourself, and most likely made statements that will hurt your case in litigation, don't say no you didn't trust me you did! But at least talk to someone to see if you have any options left. You may just have to take 1/2 and pay the rest out of pocket.
Answer Applies to: Rhode Island
Replied: 11/9/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
You can file a lawsuit for property damage. Also, in most counties in SC, you can request arbitration through the Clerk of Court. it is non-binding, meaning you can still sue if you are not satisfied with t he result.
Answer Applies to: South Carolina
Replied: 11/8/2012
    Maginnis Law, PLLC
    Maginnis Law, PLLC | T. Shawn Howard
    You can file suit against the individual that caused the accident and, if you prove she was 100% at-fault, her insurer would be responsible for paying whatever damages you are able to prove.
    Answer Applies to: North Carolina
    Replied: 11/8/2012
    Downriver Injury and Auto Law | Michael Heilmann
    You may appeal by suing her but it is your word against hers.
    Answer Applies to: Michigan
    Replied: 11/8/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    That is only their decision. It isn't binding. You will need to sue. If it is under 5000, go to small claims court. If you have insurance go through them and they will get the money from the other driver.
    Answer Applies to: Connecticut
    Replied: 11/8/2012
    Victor Varga | Victor Varga
    Sue and let the judge figure it out.
    Answer Applies to: Maryland
    Replied: 11/8/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    No, but you can proceed with filing a lawsuit for the property damage if you can wait out the litigation.
    Answer Applies to: Florida
    Replied: 11/8/2012
    Gates' Law, PLLC | Thomas E. Gates
    Refuse and demand full payment. If they refuse, retain an attorney.
    Answer Applies to: Washington
    Replied: 11/8/2012
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