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

Understanding Responsibility in Car Accident Claims: A Personal Experience

Navigating insurance claims after a minor collision can be a complex and frustrating process, especially when fault isn’t clear-cut. Recently, I encountered a situation where my vehicle was involved in an incident at a gas station, and the insurance assessment didn’t seem to align with the circumstances.

The Incident

While driving slowly through a gas station parking lot—at approximately five miles per hour—another vehicle backed out of a parking space and collided directly with my passenger side door. Fortunately, I was able to review footage from the gas station security cameras, which clearly shows that I was not at fault in the event.

Insurance Dispute

Despite clear evidence, my insurance provider, State Farm, has assigned 35% responsibility to me, meaning they believe I share some fault in the accident. I have spoken with a supervisor, but unfortunately, I haven’t been able to achieve a different outcome or get clarification on how this responsibility assessment was made.

Key Details

  • My Coverage: I hold full coverage insurance, including collision coverage.
  • Other Party’s Insurance: The other driver is insured through State Farm.

Next Steps and Advice

If you find yourself in a similar situation, here are some suggestions:

  1. Gather Evidence Thoroughly: Collect all available footage, photos, and witness statements that support your version of events.
  2. Review Your Policy and State Laws: Understand your rights and the specifics of insurance liability laws in your jurisdiction.
  3. Communicate Clearly with Your Insurer: Maintain detailed records of all conversations and requests for explanations.
  4. Consider Formal Dispute Resolution: If disagreements persist, you can file a formal appeal or seek assistance through local insurance regulators or consumer protection agencies.
  5. Consult Legal Advice: In some cases, consulting a legal professional experienced in auto claims can provide guidance and potential remedies.

Final Thoughts

Accidents involving minor collisions and alleged shared responsibility can be challenging, especially when the evidence clearly favors one side. Persistence and thorough documentation are crucial in asserting your rights and ensuring a fair resolution.


Stay informed and proactive when dealing with insurance claims to better protect your interests after a vehicle incident.

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