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

Disputed Liability in Parking Lot Collision: Navigating Insurance Challenges

Encountering unexpected complications with insurance claims can be a frustrating experience. Recently, a driver shared their ordeal after a minor collision in a gas station parking lot, where their insurer assigned significant liability to the driver despite clear evidence to the contrary. Here’s an overview of the situation and some insights on how to proceed.

The Incident

While traversing a gas station parking lot at approximately five miles per hour, the driver was involved in a collision when another vehicle reversed out of a parking space, hitting the passenger side door of their car. Fortunately, security footage from the gas station confirmed that the driver was not at fault. Despite this visual evidence, their insurance provider, State Farm, assigned 65% responsibility to the driver and only 35% to the other party.

Insurance Dispute and Next Steps

Efforts to resolve the issue directly with a supervisor proved unfruitful, leaving the driver contemplating their options. It’s important to understand that liability determinations can sometimes be complex, particularly in parking lot incidents where driver perspectives and evidence may conflict.

Given that the driver holds full coverage including collision insurance, they may consider the following actions:

  1. Appeal the Liability Decision: Contact your insurance company’s claims department or escalate the case through formal channels. Providing all relevant evidence, such as security footage, witness statements, and a detailed account of the event, can strengthen your case.

  2. Request an Independent Assessment: If disagreement persists, some insurance providers allow for an independent appraisal or review of the claim to ensure a fair evaluation.

  3. Consult with Your State Insurance Department: If you believe the insurance company is acting in bad faith or not adhering to fair claims practices, reaching out to your state’s insurance regulatory authority can provide guidance and support.

  4. Consider Legal Advice: For persistent disputes, consulting with an attorney experienced in insurance claims may help clarify your rights and explore potential legal avenues.

Key Takeaways

  • Always collect and preserve all evidence immediately following an incident, including photos, videos, and witness contacts.
  • Understand your policy coverage details to know your rights and coverage limits.
  • Maintain clear and professional communication with your insurance provider, and don’t hesitate to escalate if necessary.

In conclusion, while insurance disputes can be challenging, being proactive, well-informed, and persistent can significantly impact the outcome. If you find yourself in a similar situation, remember that documentation and proper advocacy are your best tools for ensuring a

Leave a Reply

Your email address will not be published. Required fields are marked *