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Whether I am suppose to pay based on the value of the car or the damage that is quoted and how I should present my side?
Anonymous1 views5 answers
I was in an accident with another car while I was taking a left turn. I had already made turn after checking the oncoming traffic. Due to limited visibility of the turn (a curvature on the on coming street) or speed of the other car, this car ran into me on the right passenger door of my car. The other driver did not have damage insurance so he has sued me for the damages. The damages exceed the KBB value of the car. I do not think it was entirely my fault so I earlier offered to pay part of damage but other driver say I have to pay for entire sum. The damage he is quoting is 1.2X-4X of the KBB value of the car.
Unfortunately, I do not see any reference to whether or not you have insurance. If so, turn it over to your insurance carrier, immediately. If not, it would be important to know how the damages are laid out -- i.e., is some portion of the claimed amount he is seeking for expenses, or any other items other than strictly the property damage.
It also sounds like the fellow who is suing you might have some percentage of liability for the accident.
The best potential alternative would be if you have insurance. They will present any potential defenses to this action at their expense. If not, a more fact intensive analysis would be required.
dont get overly worked up about this, they arent entitled to more than the write-off value of the car if totaled. just turn it over to your own insurance to deal with, if you dont have insurance coverage contact an attorney near you. unfortunately almost in every case unless excessive speeding or some other odd factor can be proven, if you made the left in NJ you are likely at fault.
