F Chat lawyers...I need your advice. | FerrariChat

F Chat lawyers...I need your advice.

Discussion in 'Other Off Topic Forum' started by jordanair45, Sep 2, 2006.

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  1. jordanair45

    jordanair45 Formula Junior

    Feb 6, 2006
    929
    I don't know if I can fight the recent decision by my insurance company, but here is the situation.

    So a while back my mom let me use her car to go to school because I recently moved to my Dad's, he leaves to work earlier than I leave to school, so I needed some sort of transportation to get to school. I took her car and as I am driving to school, there was a kid who pulled from side of the curb straight into the car. The street I was going down is really narrow, and the guy was stopped in a no parking zone and on the other side of the street, it was lined up with parked cars, so it basically turns into a 1 way street with cars coming both ways. There were multiple cars parked on the other side of the street, cars are always stopping there to drop off kids even though it is a no stopping or parking zone any time. Anways, he was driving his brothers car and told me not to do anything, so I agreed. The next day he and his brother show up to meet, I show up with my father and we talk...we called the police, no police report was made, so the cops simply said to exhange information and report it to our insurances. So the insurances did their things and called it a 50/50 split, they said that we were both at fault. So I paid for the damages to my car but recently their insurance took my insurance to arbitration where they ruled that I was at fault for improper passing. Improper passing, wtf! I was simply driving down the road and he pulls into me, not being able to see through the dark tinted windows he had I might add. I slowed down and continued to drive, they said that I was illegally passing? Is there any way that I can fight this decision? We are stuck paying 70% of the damages and aside of that, I have to pay high insurance now because it is my fault?

    Cliff notes.

    I am driving down a road.

    Some guy pulls straight into my car from the side where he was parked in a no parking zone.

    Insurance calls it a 50/50, I pay for my own damages and I do not take the deductible.

    Insurances go into arbitration where it is ruled my fault because of faulty/careless passing.

    I have to pay for 70% of damages, and now this is on my record.

    IT WAS NOT MY FAULT, no way. The guy pulled into me and has illegal tints on his windows, my car is black, how in the hell did he see me? He just pulled into me.

    Is there any way I can fight this desicion.

    I know I am not expalining this right, I am trying to, maybe I can illustrate it someway, but any adive will be greatly appreciated.
     
  2. parkerfe

    parkerfe F1 World Champ

    Sep 4, 2001
    12,887
    Cumming, Georgia
    Full Name:
    Franklin E. Parker
    You will have to sue the at-fault driver...depending on the amount involved you can do so in "small claims" court without a lawyer...good luck
     

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