Auto Insurance Claims: Not in agreement with Insurance Settlement, minor concussion, insurance administrator

Question
Hello Richard,

I was involved in an auto accident which occurred about 4 months ago.  The accident happened early in the morning when a driver, proceeded to drive out of his driveway onto the street were I was already traveling.  The driver exiting the driveway hit me, and I subsequently hit another driver from the opposite side after I lost control and airbags deployed.  All drivers were taken to the emergency room and examined thoroughly.  The driver that hit me suffered a minor concussion and I am suffering from neck pain.

I have received numerous calls from the other parties insurance company asking me to send in all the receipts so that I can get compensated.  Because of my missing work etc.. I have been super busy working ignoring my own pain and just taking pain medication from my own personal doctor prescription however, my personal doctor will not see me anymore (since they do not do third party claim) and now I have to seek other medical treatment.  I am now seeing a chiropractor and will start treatment. My car has already been taken care of and I have been compensated for.

My concern is that my own insurance company already settled and agreed that i am 15% at fault.  I am in total disagreement and don't know how to proceed.  My insurance administrator agreed that it was not my fault and that it was the other person's fault 100%, however, after litigation, my insurance settled for 15%.  How can I clear my record and proceed with claims.  I am honestly annoyed when I get calls from the other insurance, I feel that they are pressuring me and pushing me to settle.  Please advice.

Thank You,
Iris

Answer
Hi Iris,

You tated that this decision that you were 15% at fault was determined after "litigation". If by litigation you mean that this case actually went to court and a judge determined that you were 15% at fault, then there is nothing you can do. If you did not mean litigation then you should call your insurance company and ask them whay they based this decision on. If the adjuster does not give you a reasonable answer then you need to ask to speak to a supervisor.

If this accident happened the way you stated here, then the other driver should be held 100% responsible.

I hope this helps
Richard Hixenbaugh