Resolving Disputed Liability in a Minor Traffic Incident: A Case Study
Encountering an accident where liability is contested can be a frustrating experience, especially when insurance companies assign differing degrees of responsibility. Here’s a detailed account of a recent situation that illustrates the complexity of such disputes and offers guidance on navigating them.
Scenario Overview
While navigating a gas station parking lot at a slow speed, I was involved in a minor collision where another vehicle reversed out of a parking space and made contact with my passenger side door. Given the low speed—approximately five miles per hour—it was a minor incident with clear visual evidence. Fortunately, I was able to secure footage from the gas station security camera, clearly indicating that I was not at fault.
Insurance Dispute
Despite the compelling evidence, my insurance provider, State Farm, has determined that I am 35% responsible for the incident, assigning me a 65% liability. I have contacted a supervisor within the company but have yet to resolve the disagreement.
Key Details
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My coverage: Full coverage including collision insurance.
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Other driver’s insurance: State Farm.
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Evidence: Security footage showing I was not at fault.
What Can Be Done?
When insurance companies disagree on fault, the dispute can become complex. Here are steps to consider:
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Gather All Evidence: Ensure you have comprehensive documentation, including video footage, photographs, and any witness statements.
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Review Insurance Policy: Understand your coverage details and the basis for liability determination.
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Request a Formal Review: File a formal dispute or appeal with your insurance company, presenting your evidence clearly.
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Consider Independent Appraisal: If necessary, seek an independent assessment of the damages and circumstances.
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Consult Local Laws: Research applicable traffic laws or consult a traffic attorney for guidance on your rights and potential next steps.
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Mediation or Legal Action: If disputes persist, alternative dispute resolution methods or legal counsel may be warranted.
Final Thoughts
Disagreements over fault in minor collisions are not uncommon, especially when insurance companies interpret responsibility differently. Being proactive, organized, and informed can significantly influence the outcome. Remember, thoroughly documenting your case and understanding your coverage are crucial steps toward ensuring fair treatment and resolution.
Stay vigilant and safe on the roads!
