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

Disputed Liability in Car Accident: Handling Responsibility and Insurance Claims

Experiencing a minor car accident can be stressful, especially when insurance companies assign conflicting liability. Recently, I found myself in such a situation and want to share my experience to help others navigate similar issues.

The Incident

While driving through a gas station parking lot at a slow pace—approximately 5 miles per hour—a driver backing out of a parking space unexpectedly collided with my vehicle, impacting the passenger side door. Fortunately, I was able to review security footage from the gas station, clearly showing that I was not at fault for the collision.

Insurance Dispute

Despite the evidence, my insurance provider—State Farm—has assigned 65% responsibility to me, meaning I am being held 35% liable for the incident. I have spoken with a supervisor at State Farm to address this discrepancy, but so far, my efforts haven’t resulted in a resolution.

What Can You Do?

If you find yourself in a similar situation, consider the following steps:
– Gather and preserve all available evidence, such as security footage, photos, and witness statements.
– Review your insurance policy to understand your coverage, including full coverage and collision protection.
– Communicate clearly with your insurer, requesting a formal explanation of how liability was determined.
– If an agreement cannot be reached, consider consulting a legal professional or filing an appeal with your insurance company.
– Contact your state’s insurance commissioner or regulatory authority if you believe the claim handling is unfair or inconsistent.

Final Thoughts

Misattributed liability can complicate claims and impact your finances. Having comprehensive documentation and understanding your rights can make a significant difference. Stay proactive and persistent when addressing insurance disputes, and don’t hesitate to seek professional guidance if needed.

Update: I want to clarify that I hold full coverage, including collision insurance, and the other driver involved in this incident was insured through State Farm.

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