Car Accident & Insurance Claim Problem

[suiyoubi]

I was involved in an accient on 6/16/14, the accident happend on the intersection of 23rd ave and 157th street, queens NY. I was traveling down 157th street and had the right of way as there was no stop signs or lights. The other party was traveling down 23rd ave and had a stop sign but she didn't stop. we approached the intersection about the same time, I saw her slowing down and figured that she would stop so I drove normally down 157th street. all of a sudden she gassed and her car was in front of mine, i tried to break to avoid the accident but her car was too close and we collided.

The damage to my car was in front of my car bumper and hood, her car damage was her driver side rear door. I reported the accident to my insurance company and they told me that i did not have collision coverage thus i have to claim property damage from her insurance. i called and placed a claim for the accidents, her insurance took a recored statement and told me they will pay "Most" of the damage due to her having a stop sign but not all due to Comparable Negligence because the point of impact of my front to her driver rear door.

I'm still waiting for the police report, but from what I heard her say to the police was she saw me coming down 157th street and she was trying to break but "Mistakenly" stepped on the gas instead of the break and shot out in front of my car. she also stated that i was traveling very fast but that's a lie due to right before i enter the interesction, there was a speed bump. i drive a 2010 toyota corolla which would not allow me to speed up that quickly even if i wanted to.

my question is there any way for me to get 100% coverage for the damage and how to show it was not my negligence that caused the accident.

Any help or advice is appreciated!

Thank You!

 

[Milkman1265]

If you had the right of way with no stop signs and she did in fact had a stop sign and admitted that to the police.

You have nothing to worry about... Although everything is subject to the insurance guidelines.

Just make sure you took pictures of the damages, the scene, get a copy of the policy report, submit everything to other party's insurance carrier.

Let them send an adjuster out, get a full report of damages, see if you agree or not agree to the damage cost report.

Let the insurance carrier determine how much they are willing to pay (i would accept no less than 100% their fault)

Bring the check/report to your shop and ask them to fix it for you.

I am a brooklyn based broker, you really should be talking to your agent about this stuff. I'm surprised they did not advise you on what to do and how to approach the claim.

If you had geico, this is WHY, you need an agent/broker. Us brokers/agents give you guidance for things like this. And if you do have an agent/broker, it's time to switch to someone who actually helps you.

And my advice alone should be worth you calling me for a quote lol.

 

[jessicakappor]

If she will admit then nothing is the problem you will get the complete coverage for your loss.

 

[INSUREGEEK]

I manage a body shop. Unfortunately, some companies never accept liability as a matter of standard procedure.

I hope you have collision coverage. Make a claim on your policy and let them fight it out with the other driver's insurance. Maybe you'll get your deductible back. Maybe you won't. At least you'll get your car fixed.