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

Understanding Liability Disputes: When Insurance Percentage Assignments Are Disputed

Navigating the complexities of car accident claims can be challenging, especially when the responsibility isn’t clear-cut. Recently, I experienced a situation where my insurance company assigned partial fault to me after an incident at a gas station parking lot.

The incident occurred as I was driving slowly—approximately five miles per hour—through a gas station parking area. Suddenly, another vehicle backed out of a parking space and collided with the passenger side door of my car. Fortunately, I was able to retrieve security footage from the gas station, which clearly indicates that I was not at fault in the collision.

Despite this evidence, my insurance provider, State Farm, has assigned 65% responsibility to me, leaving me with 35% liability. I have spoken with a supervisor regarding this discrepancy, but unfortunately, my efforts have not yet resulted in a reassessment.

It’s important to understand that when insurance companies assign fault percentages, these determinations can sometimes be contested, especially when clear evidence exists. If you find yourself in a similar situation where your liability percentage seems unjustified, consider the following steps:

  • Gather and organize all evidence, including security footage, witness statements, and any other relevant documentation.
  • Consult directly with your insurance adjuster and request a detailed explanation of how liability was determined.
  • If disagreements persist, consider formally disputing the liability assessment or seeking an independent third-party review.
  • Review your insurance policy and local regulations to understand your rights and options fully.
  • In cases where third-party insurance (such as the other driver’s insurer) is involved, ensure that your claims are accurately represented and advocate for a fair resolution.

Remember, having comprehensive coverage, including collision insurance, provides you with a crucial safety net in situations like these. If you’re experiencing a dispute over fault or liability, staying informed and proactive is essential to protecting your interests.


Disclaimer: This blog post is for informational purposes only and does not constitute legal or insurance advice. For personalized assistance, consult with a qualified insurance professional or legal advisor.

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