got hit by a car who toke the stop sign and now his insurence wont pay HELP!?

I_AM_THAT_DUDE

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got hit by a car who toke the stop sign and now his insurence wont pay HELP!... my cars worth 4 grand.. the total estimate was 4,200 its a total loss.. his insurence says it was both our faults so it doesnt wanna pay.. even though he got the ticket for taking the red.. is that legal WHat can i do..?

He has Metlife Auto insurence
 
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