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My daughter was driving on a main artertry when a car pulled

out from a side street...
My daughter was driving on a main artertry when a car pulled out from a side street in front of her. My daughter front passeger side was damaged, she cannot drive because the steering wheel is not lining up with the wheels. There was not much damage on the other car. No injuries. GEICO determined my daughter was 25% at fault and will only pay 75%. Could we sue for 100% coverage of damages? What are our chances?
JA: What state is this in? And how old is the car?
Customer: Washington State and it is a 2008 Hyundai Accent . The other driver sent a text that she did not see my daughter and it was her fault
JA: Has anything been filed or reported?
Customer: only to the insurance company, no police were at the scene
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
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Answered in 4 minutes by:
11/22/2017
socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,473
Experience: Retired (mostly)
Verified

Hello,

The insurer is not the final determiner of fault. The court makes that determination. You would have to sue the other driver, and if you win, then you get 100% of the damage award. The other drivers insurer decides whether or not to defend the other driver in the lawsuit, or to pay the settlement amount you demand (100%).

So, the answer is, "yes," you can sue. As for your chances of winning, if this is a case that's within the jurisdiction of small claims court ($5,000 or less), then you have a pretty good chance of winning. If you are suing for more money, then your chances are very low, unless you hire a lawyer, because the insurance company will hire a lawyer to defend, and you will be out-matched in court.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

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Customer reply replied 21 days ago
The other driver is now claiming whiplash. If we move forward with accepting GEICO's claim can we still take the other driver to small claims court?

Please provide a positive rating for my original answer, and I will be happy to consider your new answer here.

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Customer reply replied 21 days ago
my rating is 5 stars. I recieved quick through answers to my question

If you are negotiating with the other driver's insurer, then your acceptance of payment will bar you from any legal action. If it's your insurer that's agreeing to pay the claim (and both you and the other driver's insurer are different companies), then you could sue, despite accepting the payment amount.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Customer reply replied 21 days ago
5 stars

Happy Thanksgiving!

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,473
Experience: Retired (mostly)
Verified
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