Legal action against insurance company

[mando074]

What is the name of your state?What is the name of your state? Illinois
I was involved in a car accident on a road that has 2 northbound lanes and 2 southbound lanes. The accident happened when a woman that was trying to make a left turn from the opposite direction I was traveling in cuts in front of me resulting in my car hitting her car on the passenger side. Her insurance company said it was 90% her fault (80% originally until I argued for more) and 10% mine. I still strongly disagree and believe that it should be more like 99% hers and 1% mine.
So then I have 4 questions:
1. If I have my car repaired now with the 90% offer from her insurance does that mean I can't sue her insurance at a later time to get that other 9%?
2. If I can't sue the insurance company can I sue the driver after my car has been repaired?
3. Can I just sue the driver and forget her insurance?
4. Who should I sue first, the driver or her insurance?

Thanks in advance for any advice you can provide.
Mando074

 

[racer72]

1. Did her insurance cause the accident? No? You sue the negligent party.

2. See above.

3. Sure.

4. See #1

 

[mando074]

Thanks

Thanks for the advice, that's one vote for taking legal action against the driver. Does anyone else have any more advice or a different opinion on this? Please submit your advice. Thanks.

 

[Happy Trails]

Thanks for the advice, that's one vote for taking legal action against the driver. Does anyone else have any more advice or a different opinion on this? Please submit your advice. Thanks.

Are you taking a survey? Although Racer72 told you who the person you would have to sue, that doesn't mean the courts will rule in you favor.

 

[stephenk]

once you accept the 90% offer you will have to sign a release of claims against the carrier and the other driver. you will not be able to go after the driver for the remaining 10%.

what reason did the carrier give as to how they found you to be 10-20% at fault.

 

[mando074]

stephenk:
They said that whenever anyone gets behind the wheel and an accident happens both parties will share a percentage of the fault. I agree with that statement however I dont think I'm 10% liable. So according to them my fault in the accident (10% now, 20% before I argued) was that I did not see her making the turn and that I did not do enough (I honked and stepped hard on the brakes once I did see her (pavement cond. dry)) to prevent the accident. What they fail to realize is that a 3000lb car can't stop in 20ft traveling at 30mph. In my opinion the only way to have prevented the collision would have been for her to stop her car once I honked my horn. I then could have swerved to avoid the accident. What do you think stephenk?

happy trails:
I'm obviuosly not taking a survey, I simply want to know who I should sue so that if I do go to court the judge does not dismiss my case for suing the wrong party. Also (and I think Stephenk answered this) I want to know what will happen if I do get my car repaired with the money from the insurance from the other driver.

Thanks for the comments. Please fell free to leave more.

 

[stephenk]

"They said that whenever anyone gets behind the wheel and an accident happens both parties will share a percentage of the fault."

that is completely false.

file your small claims action against the other driver. the carrier will fold for the additional 10% once their insured lets them know about the suit.

 

[mando074]

stephenk:
That makes a lot of sense, I think I will do that. Thanks for the advice.

If anyone else has comments or different opinion on this please feel free to post them.

Mando074

 

[jity]

I agree sue the party of who causes the accident - or send a final demand letter to the insurance company for full and final settlement with documented supportive damages. You should settle out of court if at all possible, I doubt they would argue the 90/10 values – It cost too much - if you cannot reach a valid settlement - sue for your sustained damages to include 100%

 

[mando074]

Jity:

Thanks for the input jity. I will talk to the insurance company and give them a final chance to take care of this, if it doesn't work then its off to the judge.

If anyone else has comments or different opinion on this please feel free to post them.

Mando074