Car insurance question...long question(best answer gets 10pts)?

Answers:0   |   LastUpdateAt:2012-08-04 19:28:49  

Question
shaharyar
Asked at 2012-08-04 19:28:49
ill give you some background first:
I got into a car accident. what happened was that i was turning left into a grocery store (this happened on a little side road, NOT in an intersection) it was a 2 way street so i was waiting for the cars in the on coming lane to go so that i could turn. they finally had passed so i proceeded to make my turn. the guy behind me decided to be impatient and go around my left side (into the opposite lane). as a result, when i turned, i turned into the side of his truck. he had a dent just above his right head light. the whole left drivers side door of my car is dented in. so we changed insurance information, and went our separate ways. there was also a witness who saw all of this and gave us her number if we needed anything.

so i made a claim with both mine and his insurance companies when i got home. told each one what happened and that was that. the other guy involved told a completely diferent story, stating that i was pulled off to the right side of the road, didnt have my left signal on, and all of a sudden drove into his car. so because the stories differed, they called the lady that had witnessed this for her statement of what happened. she said that i was NOT pulled to the right side of the raod like he said, and that i was in the turning lane making a left, when he went into the on coming traffic lane to go around me. when she was asked if my lsft signal had been on she said that she could not say if it was or not because of where she was, her view was blocked.

so my insurance company came to the conclusion that because they cannot fully verify if my left signal was on or not, and because he went into the on coming traffic lane illegally to go around me that the accident was 35% my fault and 65% his fault, therefore i am to pay 35% of what it costs to fix his damage, and he is to pay 65% of what it cost to fix mine. although i know it was all his fault, i realize that this is as fair as my insurance company was going to get, seeing as they did not see what happened, they have to be objective about it. so this is a fair conclusion.

so my adjuster from my insurance company has been trying to call the adjuster for his, they have not been returning his calls or voicmails. i have been doing the same and have not gotten any results. meanwhile, i payed 35% of the damage out of my policy to fix his truck, meanwhile my door is still messed up, and they are avoiding us.

now that you have the background, here are my questions:
1. is it legal for his insurance company to avoid both mine and my adjuster's calls and messages?
2. by accepting 35% of the cost to fix the damage on his truck from my policy, does that mean that they agreed to the 35/65 agreement that my insurance company proposed to them? if so, doesnt that obligate them to pay 65% of the damage to my car?

anyone that has worked for an insurance company and has extensive knowledge of this type of thing would really be the most help. thank you again, i know this is a very long question to read and i do appreciate your help...10 pts to the person that best answers my two questions regarding this situation.

4 hours ago
- 4 days left to answer.

Additional Details
and on a side note:
no, the cops were not called, so nobody was cited for this. i really should have called the cops, i kick myself in the a$$ for not calling them. thats what i get for thinking that people are honest. i did not think he would lie, but i have definitely learned my lesson the hard way.

and no i will not get a lawyer for this because the cost of lawyer would cost more than the actual damage to my car, so it would be a waste of both time and money.

4 hours ago
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