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He ran a red light but I hit him | Who is at fault?
In an intersection, I was in the right lane of a three lane st and some guy ran a red light (admitted it in the police report and to the insurance people), and I hit his truck because I didn't see him coming.
Damage to his right back end and to my front right end (totaling my car, barely scratching his).
Their insurance people have offered to pay for 60% of the total loss value of the car.
I asked for 90% so they raised it to 70%. Obviously and logically they should accept 100% because it's more like a binary than it is a degree of fault. He ran a red light, his insurance company should pay. But they're insisting that I was negligent since I could have seen him.
What reasoning do I use to make them pay for a higher percentage? Is there one?
Well, I think that if they show that you did not see this car you are negligent, at least in part. It’s a matter of percentages, at least in all states of the U.S. Please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html.
A green light does not entitled a person to go through an intersection. Read the traffic code of your state. Usually, there is language of precaution there. If you did not see someone, then there might be some negligence there.
The question really is how much? 10%? Without all the facts is very hard to say. 5% to 30% seems reasonable. You have to look at all the factors and then negotiate. That's the way this works.
You can always get a lawyer or go to small claims court and take it to a judge. A judge will determine your percentage of negligence and it will be likely that a person who runs the light is 100% at fault.
I hope this helps
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