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I was in a car accident last year. The kid failed to yield to on coming traffic, he sped up as he approached the line and hit me at about 25MPH while I was proceeding thru an intersection on green. He admitted fault, there was a witness that stated the kid did not yield. He got the ticket for that.
The next day an adjuster called, I gave her my side and she hung up. Couple of days later she calls back and left a mesg stating they found their insured at fault and wanted to settle. I called back to let her know I was in serious pain and was going to the hospital. I have a high threshold for pain.
Now almost a year later the insurance company want to go to court and they will not settle. I saved that mesg from the adjuster about her findings and offering a settlement.
I am wondering if the insurance company is now trying to change the fault to me and thinking I will crack if I go to court. Yes, I was injured and still am a year later. I want my year back that their client took from me!! This kid messed up my life and now I am the one trying to keep my head above water.
What I want to know is what would the insurance do if they find out I still have that recording from their adjuster on the fault determination?
Would they be worried if they knew I had that voice mesg. that was left on my phone?
Is that my ace in the whole against them? Don't expect to get rich, just want somewhat of my life back. by the way it is allstate.
Can this help me with them in my deposition when I give one for court?
An offer of settlement is not acceptable in court. It is exclude by the rules of evidence (ER 401). Even if they knew you had a recording, it is very unlikely that a judge or a jury would hear it.
In addition, they may not be arguing fault. Are they know saying that they are not at fault at all? Or are they saying that their insured did not injure you how you represent it to be?
They are two different things. Please see our section on bodily injury. Evidence that worry an insurance company is that of a doctor (written report) stating that you are injured). That is what they will look at.
As always, it is very important that you talk with a local attorney!
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