If you find yourself in a situation where the other driver’s insurance is holding you entirely responsible for an accident, but your insurance company believes the fault is equally shared, you can take several steps to address the situation:
Review the Accident Details: Gather all the evidence related to the accident, including photos, witness statements, police reports, and any other documentation that might support your position. This evidence can be instrumental in arguing your case for shared liability.
Communicate with Your Insurance Company: Establish a clear line of communication with your insurance adjuster to understand their reasoning for determining a 50/50 fault. Ask them to explain their claims process and rationale for the liability assessment.
Contact the Other Driver’s Insurance: If they are accusing you of being 100% at fault, communicate calmly and provide them with any evidence that supports your version of events. Ensure to document every communication with them.
Consider Independent Negotiation: You may attempt to negotiate independently or through your insurance if you believe that a different liability split is justified. Often, insurance companies will reassess when presented with compelling evidence or solid reasoning.
Seek Mediation or Arbitration: If negotiations are unsuccessful, consider requesting mediation or arbitration. Some states offer such services for disputed car accident claims. This could lead to a more balanced determination of fault without going to court.
Consult an Attorney: If the other insurer remains adamant or if significant damages or injuries are involved, it may be wise to seek legal advice. An attorney specializing in auto accidents can provide guidance and potentially negotiate on your behalf.
File a Complaint with the State Insurance Department: If you believe the other insurance company is acting unfairly, you can file a complaint with your state’s insurance regulatory body. They oversee insurance practices and can potentially assist in resolving disputes.
Prepare for Out-of-Pocket Expenses: Be ready to cover your deductible or any immediate costs while the matter is being resolved, especially if your insurance needs you to pay upfront before pursuing subrogation against the other driver’s insurer.
Each step may not be necessary, and the best course of action depends on the specifics of your case. Taking these actions can help you protect your rights and work towards a fair resolution.
