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I had posted about a month or so ago regarding being t-boned in an intersection by another driver who arrived at the intersection after I did.
She was on MY right & I was headed straight while she made a left turn thus t-boning my vehicle. We had no witness statements nor did the Police come out to the scene even though I called them. Basically a “He Said/She Said” situation. Well our insurance agents took both of our statements as well as viewed photos of the damage done to both of our vehicles. The result of the investigation: MY insurance found the other motorist to be 💯% at fault, but the other motorist’s insurance is only admitting 50% liability on behalf of their client. I live in CA which means that the other person’s insurance will only pay my insurance for 1/2 the cost of repairs to my vehicle plus only half of my deductible if my deductible is recovered. I am SO angry because from the photos I submitted it is clear that my car was hit (side collision) while the other vehicle sustained only front bumper damage. It is clear that I was going straight while the other motorist was attempting a left turn. How can my insurance place 100 percent of the fault on the other driver while the other driver’s insurance is only admitting 50%?? How does this work….make any sense? And is there anything that I can do now? |
| If your insurance found them 100% at fault they will duke it out with their insurance |
Exactly - it will likely end up in arbitration and that will likely end up in your favor. I understand it’s frustrating but it’s best to file through your insurance, pay your deductible and let the process play out. |
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Thx for your valuable advice.
However according to my insurance, the investigation process is over now. I was told by my insurance that they cannot make the other insurance change their decision. Bottom line: >> Don’t both insurance companies have to mutually settle? It just doesn’t make sense in my mind for one company to claim the other party is 100% at fault while their insurance will only accept 50% fault! Am I missing something here?? Sorry to sound so clueless but I truly am! |
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I feel like my insurance co.# is taking the easy way out here.
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Just out of curiosity, are you from DC? How did you decide to post this in DCUM? Oh and as for the claim, your insurance company will take them to court and most likely win. You can wait if you would like the claim to be handled differently. This is kind of why insurance is rough. They will ultimately win a suit, but you will be a long way in the rearview mirror by then. |
| Sue them for the remainder? Insurance companies don’t arbitrate civil liability. Yes, it’s wonderful if you are happy with the conclusion of an insurance company, but you aren’t. So sue them. |
| Both insurers gave a self serving conclusion. Of course your said they are totally at fault. I’d expect nothing less. Regardless, your only option is to sue. But if you already accepted money that might factor in to your right to sue. |
| It is done. They may go to arbitration but that will end 50/50 so not worth it. You can always sue the other driver for your deductible. Long shot there too though. |
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I honestly don’t know how an accident can ever be 100 percent one person fault.
The mere fact you were driving that day was part if the cause. I was tboned. Why didn’t I brake. Why didn’t I accelerate, was I speeding, why didn’t I look. Did I honk horn. It is my word vs her word. What difference did it make I had accident forgiveness and a $200 deductible. Honestly it was only $200 bucks more if she was at fault |
| This is why you have insurance - so you don't have to worry about these details. |
| Did you ask what the other person said happened? I was cut off/sideswiped by a car and the other car’s insurance found me at fault. I had damage to my front quarter panel—so front end but on the driver’s side, not the front of the car. I asked the insurance company why I was at fault and they said he told them I rear ended him. I asked where the damage would be on both vehicles if that had happened. I kind of had to point out there’s no way the accident could have happened the way he said. They asked if he was fully in my lane when the collision happened and I said no he was next to me. They went back and found him 100% liable. |
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Last time I got other driver to pay 100 percent my car was legally parked in front of my house. A speeding driver hit my car and actually flipped his car and pushed my car in my front lawn and neighbor witnesses it.
I was in a 15 mph zone as three houses elementary school. He was going 60mph. He admitted guilt and gave info. Cops came to scene. But it is hard. |
+1 The insurance companies will figure it out. Quite frankly, they won't be able to do much of an investigation anyway, as LE rarely writes accident reports anymore unless it's a bloodbath. Even if you were determined to be at fault, isn't worst case scenario that you have to pay your deductible? |
A true settlement should be when both insurance companies come to a mutual conclusion. For both sides to have different “verdicts” just shows that no one is putting any effort into things here. If you are not happy or do not agree on the final decision, you need to pursue things. If you are not awarded 💯% not at-fault, yes you will have to cover part of your deductible. Also since your insurance would be paying 1/2 the repairs on your car > your rates will certainly go up. |