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

Handling Disputes Over Fault in Vehicle Accidents: A Personal Experience and Guidance

Navigating insurance claims after a car accident can be a challenging and sometimes frustrating process. Recently, I found myself in such a situation when my vehicle was involved in a minor collision at a gas station parking lot. Despite clear evidence suggesting I was not at fault, I faced a confusing assignment of responsibility from the insurance company.

The Incident

While driving through a busy gas station parking area at a slow speed—approximately five miles per hour—a vehicle backed out of a parking space and struck the side of my car on the passenger’s side. Luckily, I had security footage from the station that conclusively showed I was not responsible for the accident. However, the insurance adjuster from State Farm, the other driver’s insurer, assigned 35% responsibility to me, stating I was partly at fault.

The Frustration

After reviewing the claim, I requested a meeting with a supervisor to dispute the responsibility allocation. Despite providing evidence and clarification, the adjustment of fault remains unchanged, and the insurer continues to assign partial blame. Given that I have comprehensive coverage, including collision insurance, I am now exploring what options are available to challenge this decision.

Key Takeaways and Advice

  1. Gather Evidence: Always collect and preserve all relevant documentation, including security footage, photos, and witness statements that support your case.

  2. Communicate Clearly: Engage with your insurance company promptly, and escalate the matter if you believe the fault assignment is incorrect.

  3. Understand Your Coverage: Knowing your policy details, such as collision coverage, can help you navigate the claim process more effectively.

  4. Consider Dispute Resolution: If disagreements persist, you might seek mediation through your insurance company or consult with an independent claims adjuster.

  5. Stay Persistent: Insurance disputes can be complex, but persistence and thorough presentation of your case can often lead to a more favorable outcome.

Final Thoughts

While minor accidents can be stressful, maintaining organized documentation and understanding your rights can significantly impact the resolution process. If you find yourself in a similar situation, don’t hesitate to advocate for yourself and explore all available avenues to ensure fair treatment.

Disclaimer: This post is based on personal experience and does not constitute legal advice. For specific cases, consult a professional or legal expert specialized in insurance matters.

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