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        100% Responsibility Only Means 50% Liable? What Gives?

        150 150 Clifford Horwitz

        Question:

        I was involved in a traffic accident several weeks ago. I was sitting at a stop light and another driver ran through the light causing another driver to hit her, and she then ran into me. She was the only driver issued tickets from the police, because she clearly ran the light. I was not seriously injured in the accident, but I did go to the doctor to get checked out and lost a few days of work because I was under the doctor’s care.

        Now, with all that said, her insurance company is only accepting 50% liability, and stating that the other driver is also responsible for my car, even though the police report clearly states that she caused the accident. What can I do? There is a court date scheduled, if she is found guilty, will her insurance company then be forced to pay for my car?

        –Theodore, Chicago

        Answer:

        If the Defendant is found guilty in the traffic hearing, that will have absolutely no impact upon your personal injury case. The decision of one court is not admissible in another court case.

        For a small matter like this, the only way you can make the insurance company pay more than 50% is to file a small claims court. Since the insurance company has all the money, power and leverage here, they will be sure to drag this out, tire you out and bet that you won’t prosecute the case on your own.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

        All stories by: Clifford Horwitz