How to avoid Comparative fault after a t-bone auto accident

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On September 23, 2022

how to avoid comparative fault after a t-bone auto accident

Did you know that if you are t-boned by another driver who ran a red light, the insurance company might try to wiggle out of paying full value for your claim with this one trick. 

Imagine you are driving through an intersection on a green light. And smack you are t-boned by another driver who ran the red light. You are injured but survive. 

A day or two later, you get a call from an insurance adjuster. They say it looks pretty clear cut but still would like to get your statement for the file. 

You want to cooperate. And you know the other driver admitted to running the red light and was ticketed. So what could go wrong. You agree to do the recorded statement. 

They ask a few simple questions. No problem. 

Fast forward six months. You have finished your medical treatment. Your attorney has sent off a demand letter to the insurance company and has begun negotiations. 

Then you get a call from your attorney. I am trying to settle your claim. The other driver’s insurance company admits that their driver ran the red light and they know you were injured but they are unwilling to pay the full value of your claim. They refuse to pay anything more than 75-80% of the full value. 

You are upset. Demand to know why your attorney can’t get full value for such a clear-cut case. 

That’s when your attorney might explain to you that the insurance company has you on a recorded call admitting that you didn’t look to clear the intersection before entering.  The insurance adjuster innocently threw in an off-hand question during the recorded statement. It might have went something like this. 

You tell the insurance adjuster that you never saw the other car coming. It came out of nowhere and t-boned you. It was crazy. 

The adjuster agrees. What a crazy accident and then asks, I know you clearly went through on the green light but do you remember if you looked to the left or right at all before you went through the intersection? You say don’t specifically remember doing that. You just remember driving through the green light like normal and then smack you almost died. 

And with that, the insurance adjuster writes a note in his or her system. It says comparative fault.  And it means the other driver’s insurance company is going to put part of the blame for the accident on you. 

For this reason, do not talk with insurance companies before hiring an attorney. 

contact us today with questions about insurance or injury claims

If you or someone you know has been in a t-bone auto accident and has sustained serious damages or injuries, contact Salt Lake City’s best auto accident attorney. Gosdis Law is dedicated to giving our clients the best settlements they deserve. Call or text 385-429-9960 to speak with a T-bone accident attorney today.

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