How to appeal insurance decision?

[coffeebean]

What is the name of your state (only U.S. law)? CA

Hi, my insurance company has decided that I was 100% at fault in a recent collision, just be cause the other car came from my right in an intersection.
Anyway, I would like to appeal but I am not sure what format and what to include on the appeal? Should I request them to provide any information?
Are there lawyers or professionals that help with the appeal and get paid based on the outcome?

Please let me know
Thanks

 

[ecmst12]

There is no appeal. If you disagree, you sue the other driver in small claims court. But you will likely lose, because you are supposed to yield to the vehicle to your right in an uncontrolled intersection. So unless you can find a statute which gives some reason the other car would have a greater duty to yield to you, then you might as well not bother.

 

[coffeebean]

Says here on the letter I have from AAA.
"This assessment is for underwriting purposes....you may request a second review within 30 days"

Here is the deal, I was told the evidence used was a satellite picture from google maps and our statements.

I would have given right of the way, if the car was there in the intersection when I got there. But the car wasn't there. So I made the stop, and then drove off into the intersection very slowly. Then the other car came down the road very fast right in front of me.

The distance I had to cover to the middle of the intersection was much greater than the one the other driver had to cover. This explains how I could have entered the intersection first, and still hit her car, because she drove it in front of me.

I have made a graphical representation of what happened.
See here
P1010001.jpg - Image - Photobucket - Video and Image Hosting

and

P1010003.jpg - Image - Photobucket - Video and Image Hosting

thanks

 

[ecmst12]

Did the other driver have a stop sign?

 

[coffeebean]

Yes. But she was not even there when I was at my stop sign. I don't think she made the stop.

 

[ecmst12]

Even so, if the front of your car hit the side of hers, evidence indicates you are at fault.

If this is your OWN insurance company that is claiming you're at fault, then you'd have to follow whatever appeal process the company offers. That's something you would have to ask them about since it's an internal company thing.