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

Title: Navigating Car Accident Disputes: What to Do When Your Insurance Assigns Partial Responsibility

Dealing with a car accident can be stressful, especially when your insurance company assigns blame differently than you believe is fair. Recently, I experienced a situation that might resonate with many drivers: I was involved in a minor collision at a gas station parking lot, and the aftermath has raised some important questions about insurance claims and liability.

The incident occurred while I was slowly driving through a gas station, approximately five miles per hour. A vehicle backing out of a parking space suddenly collided with the passenger side door of my car. Fortunately, I managed to obtain footage from the gas station security cameras, which clearly shows that I was not at fault. Despite this evidence, my insurance company—State Farm—has determined that I am 35% responsible for the incident. I have already spoken with a supervisor at State Farm, but unfortunately, my concerns have not been addressed.

This experience highlights a common challenge many drivers face: insurance companies sometimes assign liability in a way that contradicts the available evidence. If you find yourself in a similar situation, here are some steps you might consider:

  1. Gather and Organize Evidence
    Collect all relevant documentation, including security footage, photographs of the damage, and any witness statements. Clear, concrete evidence can be instrumental in disputing liability.

  2. Communicate Clearly with Your Insurer
    Request a detailed explanation of how they arrived at their liability assessment. Sometimes, understanding their reasoning can help you formulate a more effective response or identify potential errors.

  3. Escalate Your Case Within the Insurance Company
    If initial conversations are unproductive, consider requesting to speak with higher-level supervisors or claims managers who may have more authority to review the decision.

  4. Consult with a Legal Professional
    If you believe the liability determination is unjustified, an attorney specializing in auto accidents can advise you on your rights and potential next steps, including how to challenge the insurance company’s decision.

  5. Review Your Policy and Coverage
    Since you have full collision coverage, you may also want to explore options for disputing liability or seeking reimbursement through your policy, depending on your circumstances.

Understanding that insurance disputes can be complex and emotionally taxing, staying informed and proactive is key. Remember, your evidence and persistence can make a significant difference in ensuring your interests are protected.

Update: For clarification, I possess comprehensive and collision coverage, while the at-fault driver’s insurance is provided by State Farm.

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