QuestionQUESTION: I got into an auto accident 2 months ago after I pulled out of my parking spot. At first, I noticed there was a car parked in the center isle about 3 spots away from me at 90 degrees. Since she was in the main isle of the parking space, at a dead end facing the dumpster, I figured she was waiting on someone to come out of the apartments. The lot was full and she had nowhere to park. In the meantime, after waiting for her to back out for several minutes, I pulled out of my spot and came to a complete stop, changed my gear, turned my steering wheel - this is when she started backing out and it my rear end with hers. She got down and explained that she saw me pull out but forgot to check if i had left the lot. I did not claim any personal injuries - just damages to my car. Now, the insurance adjuster has offered me 60% of the damages stating that since she was in the main isle it was her right of way and that her statement says that I backed out after she did. I waited for this lady to back out for several minutes and she did not - she saw me back out completely and hit me at a full stop - should I settle? or make counter offer? I asked for her statement because I do not trust the adjuster at all - she is very contradictory - at first she said our statements were the same - then she said my statement says I was at fault - when I wanted to hear my statement - she said the insured's statement says that I was at fault -what if she refuses to give me her insured's statement? I said I was going take the insured to a small claims court-Should I settle? Should I make a counteroffer? or should I just wait? Is there a time limit to settle?
ANSWER: Hi Rabita,
Based on your story I would say that the other driver is 100% at fault. Of course I have not heard the other drivers story. The 60% offer is a tactic used by insurance companies to reduce their payment. You should negotiate the percentage. You should start by saying that the other driver is 100% at fault, that she admited fault after the accident due to the fact that she did not look to see if you had moved after seeing you back up. In the end you may have to accept 20% of the liability with 80% on the other driver.
I hope this helps
Richard Hixenbaugh
---------- FOLLOW-UP ----------
QUESTION: Thank you for your reply! However, I have one more question - my adjuster seems to be very rude now that I have brought up the question of acquiring statements and taking the insured to court. She called me and said that she will have to ask her insured if she is willing to release her statement to me. I said that's okay. However, the way she is acting it seems as if she will not offer anything more. Should I come up with a counteroffer of 80% or should I wait for her to come up with it? I don't think she really cares about what I'm saying since the damage is considered minor. It is worth $900.
AnswerHi Rabita,
The insurance company does not want to provide you with any information. They often become rude when you begin to question what they try to shove down your throat. They are used to most people just accepting what they say.
You should stick to what you want. If the other driver does not give permission, they will not be able to give you their statement. But either way, you shoudl keep yelling them that you will not accept any percentage of fault. The longer you stay with that position the better off you will be. After a while it will make sense to split the percentage between 100% that you want anf the 60% that they want. This will lead to the 80% ultimate agreement.
I hope this helps
Richard Hixenbaugh
