Were you or were you not negligent? You really need to do a serious assessment on if you were at fault.
I don't know much about the insurance law but let me remind you that NC is one of the four states still applying contributory negligence to bar recovery. Technically what the company said was correct that a light negligence of you will bar the recovery completely.
You can not recover against the driver because of the above reason. You can not sue the insurance company for malpractice because to do that, you must have a winning underlying negligence case against the driver, which, as said above, you would not if you were somewhat at fault.
Read the insurance policy to see whether it mentioned anything about contributory negligence. Hopefully there is not so that you may still have a chance to settle with them.
You can still go to court to argue that (1) declaration of contributory negligence is a court function and an insurance company can not do that; (2) Insurance is a contract so that contributory negligence is not a defense, (3) the insurance policy is unconscionable. However, no lawyer would take the case because it is too small; your chance to win is also small; and it takes lots of time and probably more money than $750 to win.
Again, I don't much about insurance law so that somebody familiar with insurance law may give you better information.
Good luck.
I don't know much about the insurance law but let me remind you that NC is one of the four states still applying contributory negligence to bar recovery. Technically what the company said was correct that a light negligence of you will bar the recovery completely.
You can not recover against the driver because of the above reason. You can not sue the insurance company for malpractice because to do that, you must have a winning underlying negligence case against the driver, which, as said above, you would not if you were somewhat at fault.
Read the insurance policy to see whether it mentioned anything about contributory negligence. Hopefully there is not so that you may still have a chance to settle with them.
You can still go to court to argue that (1) declaration of contributory negligence is a court function and an insurance company can not do that; (2) Insurance is a contract so that contributory negligence is not a defense, (3) the insurance policy is unconscionable. However, no lawyer would take the case because it is too small; your chance to win is also small; and it takes lots of time and probably more money than $750 to win.
Again, I don't much about insurance law so that somebody familiar with insurance law may give you better information.
Good luck.
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