Someone hit my car and their insurance says I’m 35% responsible.

Handling Disputes Over Fault in Car Accidents: A Personal Experience

Navigating the aftermath of a minor car collision can be challenging, especially when liability isn’t clear-cut. Recently, I found myself facing such a situation, and I wanted to share my experience to help others in similar circumstances.

The Incident

While driving through a gas station parking lot at a slow speed (approximately 5 miles per hour), I was unexpectedly involved in a collision. A vehicle backing out of a parking space struck the passenger side of my car. Fortunately, surveillance footage from the gas station confirmed that I was not at fault, clearly showing the other driver’s mistake.

Insurance Dispute

Despite having surveillance evidence, my insurance company, State Farm, assigned me a liability of 35%, meaning I am considered 65% responsible for the incident. I have spoken with a supervisor at State Farm but have yet to see any resolution or change in their assessment.

What Are My Options?

For those who find themselves in similar situations, here are some steps you might consider:

  • Gather and preserve all evidence, including video footage, photographs, and witness statements.

  • Review your insurance policy to understand the coverage and dispute resolution processes.

  • Escalate the matter by requesting an internal review or filing a formal dispute with your insurer.

  • Consult with a legal professional or an independent insurance claims specialist for advice.

  • Contact your state’s insurance commissioner if you believe your claim is being unfairly handled.

Final Note

In my case, I have full coverage including collision insurance, and the other driver’s insurer is State Farm. It’s frustrating to see such a discrepancy between the evidence and the liability assigned, but persistence and thorough documentation can be crucial in resolving these disputes.

If you’ve experienced something similar, sharing your story or advice in the comments can be helpful for others navigating the complexities of insurance claims and liability disputes.

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