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

Navigating Insurance Disputes After a Minor Car Accident: A Personal Experience

In the aftermath of a recent minor collision, I encountered a common challenge faced by many drivers: how insurance companies assess fault and responsibility. Here’s my story and insights on handling such situations.

The Incident

While maneuvering through a gas station parking lot at a slow pace—approximately five miles per hour—another vehicle backed out from a parking spot and inadvertently struck the side of my car. Thankfully, I managed to obtain surveillance footage from the gas station, clearly showing that I was not at fault in the incident.

Insurance Implication

Despite the clear evidence, my insurance provider, State Farm, assigned me a 35% responsibility for the damage, attributing the remaining 65% to the other driver. I’ve already spoken with a supervisor to challenge this assessment, but so far, my efforts have not yielded a change.

What Can I Do?

Situations like this can be frustrating, especially when you believe fault has been misassigned. Here are some potential steps to consider:

  • Gather and Preserve Evidence: Maintain all documentation, including photos, videos, and any witness statements that support your case.
  • Seek Clarification: Request a detailed explanation from your insurer regarding how fault was determined.
  • File an Appeal: Most insurance companies have an appeal process—use this to contest the fault assignment.
  • Consult a Third Party: Consider consulting an independent claims adjuster or legal professional for advice.
  • Understand Your Policy: Since I have full coverage including collision, I’m aware of my rights and the scope of my coverage, which can be beneficial during negotiations.

Final Thoughts

Insurance disputes, especially over minor accidents, can be complex and time-consuming. Staying organized, informed, and persistent is key. If you find yourself in a similar situation, know that challenging fault assessments is possible—collective advocacy and thorough evidence can often make a difference.

Stay vigilant and drive safely!

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