Collision after a woman ran a stop sign

[AceMilo]

I was involved in an accident where the other person ran a stop sign. I was travelling down a 2 way road going the speed limit when a woman ran a stop sign and didn't give me enough time to stop and I hit her at the very end of her bumper causing damage to my car but only minor damage to her's. I had no stop sign, no light, no yield, nothing, but she was crossing the road straight across and she DID have a stop sign. The insurance company is trying to tell me I am between 10 - 20% at fault because I was going "too fast to stop in time" and the raods were wet, yet the woman gave me no time to stop regardless of the conditions or speeds involved. Also, the police report (that I did not write, the police officer wrote it all and I wasn't able to get a copy until several days later) does not state that she ran a stop sign even though I told the officer. Basically I am not too pleased with the police report, its very basic, it only says which way I was going, what was she was going, etc. Basically, I would like to know what my options are. I blew my horn and jammed on my brakes, but the second I saw her pulling out of the street, I knew I would hit her. What are my options here? Am I at fault? Can I argue with the insurance company to be at 0% fault? Would I have to sue? I am still waiting for the adjuster to look at it and for them to give me the situation, which will probably be tomorrow or monday. This was in the state of New York, btw. Any advice is greatly appreciated.

Thank you very much.

[Mr. Knowitall]

You hit the very end of her front bumper, or her back bumper?

[AceMilo]

Back. I slid and was about to stop and caught the end of it.

[Mr. Knowitall]

That's likely the problem. Almost the entire length of her car passed in front of the entire width of your car, and you were still unable to stop in time or avoid the collision. You can press them on the 10-20% estimate, but I doubt that they will agree that you were 0% at fault. You can attempt to sue her, if you can't reach a settlement, and see what a judge decides.

[jturner901]

For informational purposes only: In Ontario if you are involved in a collision that is not any fault of yours whatsoever, you will still be designated some level of fault by the insurance company merely by having your vehicle on the road at the time of the collision.