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

Determining Fault in a Minor Car Collision: Navigating Insurance Disputes

Encountering a minor car accident can be a stressful experience, especially when insurance companies assign liability in a way that feels unfair. Recently, I found myself in such a situation and wanted to share my experience and insights to help others navigating similar challenges.

The Incident

While driving through a gas station parking lot at a slow pace—about 5 miles per hour—a vehicle backing out of a parking space unexpectedly collided with the passenger side door of my car. Fortunately, I was able to obtain surveillance footage from the gas station that clearly shows I was not at fault in the incident. Despite this, my insurance provider, State Farm, has assigned 65% responsibility to me, leaving the other driver deemed 35% liable.

The Dispute

I escalated the matter by speaking directly with a supervisor at State Farm, hoping for a reassessment based on the evidence. Unfortunately, my efforts did not result in a change of the liability determination. Given that I hold full coverage and collision insurance, and State Farm is covering the other driver’s insurance, I am now exploring what options are available to contest this liability split.

Guidance and Next Steps

Disputing liability in a car accident claim can be complex, especially when insurance companies have differing assessments. It’s essential to gather and preserve all evidence—such as dashcam footage, photographs, and witness statements—that clearly supports your version of events.

Consider consulting with a qualified an attorney specializing in insurance disputes, who can advise on the possibility of formally contesting the liability percentage. Additionally, submitting a detailed letter of dispute to your insurance carrier, backed by your evidence, can sometimes prompt a reassessment.

Final Thoughts

While dealing with insurance disagreements can be frustrating, staying persistent and well-informed increases your chances of a favorable resolution. If you find yourself in a similar situation, ensure you have thorough documentation and seek professional guidance if needed.

Remember, each case is unique, and understanding your rights and options is crucial to managing claims effectively.

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