Auto Insurance Claims: Property Damage, fence repair, contributory negligence


Question
I own a corner house on an avenue. There is no stop light on the avenue at the intersection but there is a stop sign on the cross street. I think that the car that hit my fence ran the stop sign, and the car travelling on the avenue was going a little too fast.  They collided at the intersection. Each car lost control, and the car that probably ran the stop sign jumped the curb and hit my iron fence. My homeowners insurance has recommended that I not file property claim damage with them since I have a $1000 deductible and it will go on my claim record. Since the damage is probably less than $1000 they recommend I file a claim directly with the insurance company of the car that hit the fence. Is this correct? Can I expect to collect anything. I am getting an estimate for fence repair this weekend. please note no one thankfuly was injured.

Answer
Hi Monica,
You will need to file a claim against both insurance companies.
As you describe the accident, both parties were at fault.  This is called contributory negligence, and the insurance companies will assign a degree of fault against each (usually 50/50).
This would require each company to pay 50% of the other cars damage
and to share the damage to your fence.

I hope you find this information useful.  Please write again anytime that you feel that I can be of more help.
Your feedback by rating my response will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area