U r in an accident,on private property in WV, both drivers think they're not at fault,how does insurance work

ezlndylan

You should both file the claim with your respective insurance companies and expect to pay your deductibles. You probably won't have much luck with the other company.

Very rarely is fault truly 50/50 in a situation like this. There are a lot of variables involved, but the most important is going to be the points of impact on each vehicle. One of you is probably going to be slightly more at fault than the other, and it will probably be something like 60/40.

West Virginia is a modifed comparative negligence state. This means that any party who was 50% or more negligent may not collect damages from the other party. So if you're found 40% at fault, and the other person 60% at fault, you may collect 60% of the damage to your vehicle, but he cannot collect anything under your policy since he was 50% or more responsible for what occurred.

However, you probably don't want to mess with waiting who knows how long for his insurance company to determine the exact degree of fault... I'm sure you want to get your car fixed. If you have collision coverage, file a claim with your carrier and let them go after the other company to try to get back a portion of your deductible. It's in your best interest to report the claim anyway, since he's probably planning on calling your company (if he hasn't done so already).

Good luck, and I hope this answer is easy to understand.. insurance has some complicated concepts!

Robert T

never admit guilt, your not at fault..<:=

y S

fine

Mcduff

Call your insurance co and let them sort it out. They will fight for you cuz they don't want to pay out. One way or another your covered by the other persons insurance or your own if it was no ones fault or yours.
Good luck!

bostonianinmo

You both file with your own insurance company and let the insurance companies sort it out.

When two vehicles are backing up and collide the total damage is typically shared between the two. You are equally at fault for this accident and each insurance company will pay half of the total damages in the vast majority of cases.

Don't bother arguing with each other; you won't get anywhere. Just let the insurance companies do their jobs.

oklatom

You turn it in to the insurance company, and let them sort it out. As a general rule, the person backing is at fault for not making sure it was safe to back before doing so. Since you were both backing, it would be a shared fault. You would pay for repairs to the other car, and they would pay for repairs to your car. At least that way you won't have to pay the deductible, if any.

the_cheeze_cop

Call your insurance company.

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