Can the insurance company split the liability? (more below)?
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Can the insurance company split the liability? (more below)?
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I was in a wreck about a month ago and things are finally getting settled. However, the insurance company first said they could only accept 65% of the liability. The accident went like this: I was driving on the road southbound and the other driver was trying to cross the street coming from the left to the right. There was a turning lane on my road with cars in it which had the right of way over the other driver and causing me not to be able to see her coming. I didn't see the other driver until she was right in front of me and there was no way i could be able to stop to avoid hitting her. The other driver received a ticket for failure to yield. I called her insurance company after receiving the police report and gave my statement telling them what happened. Not only did it take her insurance company 2 and a half weeks to "get in touch with their insurer" but when they gave me the liability saying they could only accept 65%. I was wondering if there's anything I can do. I was able to get them up to 75% after I spoke with her manager, however i still feel that they should being paying 100% of the damages.
Additional Details
i wasn't speeding at all... the speed limit was 35 and there was a railroad a little down the road from where the accident occured so i slowed down to about 30
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♥ Uwish ♥
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Each state has different laws regarding liability.
Most states have comparative negligence liability laws. Meaning unless your vehicle was hit while parked/stopped or you were rear ended, every driver has some contribution to the accident.
Therefore,the insurance company only has to pay the percentage they feel their insured is legally liable for. Meaning the other guy is majority at fault, but they feel you could have don something to try and avoid the accident.
If this is the case, and if you have collision on your own policy. It would be in your best interest to use your own insurance. that way you are not out any money other than your deductible. The at fault company would reimburse your company 75% of what they paid. and you would get 75% of your deductible back |
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Dtownfb
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The other driver was clearly wrong. What you need to do is get your insurance company involved. This is what they are there for. have your insurance company pay for your repairs and let them duke it out with the other driver's insurance. |
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eric
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Yes, I have heard of liability being split. But from your description of the accident, it sounds like it should be 100% the other driver's fault. Were you speeding excessively? That's the only reason I can think of that the other driver doesn't have full liability. Were there skid marks? You should get your own insurance company involved and they'll fight for you. |
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