Got into a car accident and other guy is at fault. his insurance accepts this yet only willing to pay 65%?

la428282

Clearly they dont accept liability if they are only willing to pay 65% and really nothing you can say will change their liability ( i guarantee atleast one goof here will say- "get a lawyer"- please... youll spend more money that way)

Your only thing to do is go through your own insurance and then they will go to a kinda "insurance court" where a third party decides liability.

Again, no amount of complaining, lawyers, etc will change their liability. they have every right to decide liability. If you want a chance.. go through your own insurance and let them fight the other company.

CwboyBill

You probably live in a 'comparative negligence' state, meaning that the other insurance company has put you at 35% fault in this loss, which is why they are offering 65% of the damages.

Todd C

Ditto on what cowboy mentioned. I'll add.... they are stating that you had the opportunity to avoid the accident and did not. I'm guessing that are making this determination as the impact was to the rear of the other vehicle? If so, this is a common judgement by adjusters and not always correct.

Many adjusters automatically think because the point of impact to one vehicle is in the rear, that this shows there was enough time for that vehicle to get almost through the intersection showing that the other driver should have time to stop. What they _don't_ consider is the breaking of the vehicle going straight (your vehicle in this case). If you braked hard, you would have hit the front of the other vehicle. Instead, the only reason why you hit the back was because you attempted to avoid the impact. This would _not_ indicate that you could have done anything _else_ to avoid the impact. In other words, you only hit the rear of the other vehicle because you _did_ attempt tp avoid the impact.

Of course, this all assumes the point of impact to the other vehicle was the rear and you did attempt to brake.

Marc

They obviously made an illegal turn in front of you. They were the cause of the accident and should be held liable.

Insuranceman

In some States, insurance companies are allowed to use what is called COMPARATIVE NEGLIGENCE. This means that they attempt to determine what percentage each party to the accident plays and contributes to the over all damages of your vehicle.

In your case, it looks like they have said their guy is at fault, however, only 65% at fault and perhaps you COULD have avoided the accident if you had really tried harder....Don't get me wrong...not taking their side or anything but it can and does happen.

Have you talked to YOUR agent? You can file a claim with them and see what they can do for you......IF....you have collision coverage on your car.

Good luck and I hope this helps!

jezzekah36

the same thing happened to me. did the cop give him a citation? if not, if they only wrote him at fault (which they did with me) and not cited him, you are screwed. if they did, get your insurance company involved. or get a lawyer.

good luck!

UCANTCME

1. CONTACT YOUR INSURANCE COMPANY SO THAT THEY CAN DO THE JOB THAT YOU ARE PAYING THEM TO DO.

2. CHECK WITH THE BOARD OF INSURANCE WHICH IS ON LINE AND SEE IF THEY CAN HELP YOU.

Zsasha

Call your insurance company and they will pay the portion the other insurance company won't pay you. Your insurance company will then go after the other company to get their money back.

gremlingts

You may need to request your insurance company get involved, to sue the other company. As long as the police found in your favor, you should get total compensation. Might need a lawyer, as well. Sad to say, this happens too often. I hope the insurance company gets fined as well.
- The Gremlin Guy -

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