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

Title: Navigating Disputes with Insurance: How to Handle Partial Liability in a Parking Lot Accident

In our daily commutes, accidents can happen in seemingly mundane settings like a gas station parking lot. Recently, I experienced such an incident where I was involved in a minor collision, and the subsequent insurance process has been somewhat challenging.

Here’s what transpired: while driving through a gas station parking area at a slow pace—approximately five miles per hour—a vehicle backing out of a parking spot inadvertently struck the passenger side of my car. Fortunately, I was able to obtain video footage from the gas station security cameras, clearly indicating that I was not at fault. Despite this evidence, my insurance provider, State Farm, assigned 65% responsibility to me, asserting that I am 35% at fault.

I have spoken with a supervisor at State Farm to contest this assessment, but so far, I have not seen any positive changes. This situation raises important questions regarding how to effectively navigate claims disputes when the evidence strongly favors your innocence.

To clarify, I hold comprehensive coverage including collision insurance, and the other driver’s insurance is with State Farm. Given these circumstances, what steps can I take to ensure a fair resolution?

If you find yourself in a similar situation, consider the following advice:

  1. Gather and Preserve Evidence: Obtain any security footage, witness statements, or other proof that clearly shows the accident’s details.
  2. Communicate with Your Insurer: Document all interactions and escalate the matter if initial claims are not addressed adequately.
  3. File a Formal Dispute: Submit a formal appeal to your insurance company, including all supporting evidence.
  4. Seek External Assistance: If necessary, consult with a third-party mediator, or contact your state’s insurance commissioner for guidance and intervention.
  5. Legal Advice: In persistent disputes, consulting an attorney specialized in insurance claims can help protect your rights.

Dealing with insurance companies can be tricky, especially when responsibility is contested. Staying informed and proactive is key to navigating these challenges and ensuring your rights and interests are protected.

Have you experienced something similar? Share your tips or questions in the comments below.

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