QuestionQUESTION: I've been involved in a minor accident that was not my fault. There was no
injury.
I was going straight on a main road. I saw there was a car coming out of a gas
station on my right with a right turn signal on. I stopped to let her go but she
would't move so I proceeded (I found out later that she was gonna turn left.)
She then hit me on the rear door passenger side of my car and on the
wheel.The police came to the scene and I file a report.
I file a claim with my insurance the next day. The cost to fix turns out $870 at
my insurance's recommended body shop and I pay $500 deductible plus
$100 rental car out of pocket.
A day or two after the repair was completed the other car's insurance called
me and I gave a recorded statement the same as described above. A week
later I received a call from my insurance's payment recovery adjuster that the
other car's insurance will only pay 90% because I should have stopped longer
to let her go.
She told me it was a good offer and I should settle because if it goes to
arbitration I might lose. but I told her it was 100% the other party's fault
according to my statement and the police report, why should I settled for
90%. She told me she'd do further investigation and will call me again.
Do you think I should settle? what can I do to get my 100% deductible and
rental car? Can I send a certified demand letter to the other car's insurance at
this point or just let the adjuster continue? it seems ridiculous to me that
they said it was 10% my fault. My adjuster said I couldn't even reimburse
payment incurred from fax, police report, gas bill totaling more than $50.
Thank you for your help.
ANSWER: Hi Amy,
It sounds like each of the insurance companies is trying to settle this claim as cheaply as possible.
In many accidents, there can be a degree of fault against each party.
The adverse company is trying to claim that your voluntary giving up your legal right of way to allow the other driver to exit the gas station and then failing to wait long enough for her to exit is reason for you to be considered 10% at fault.
Your own insurance company wants you to accept the offer because it only means that their recovery will only be $87 less as opposed to the cost of taking your case to arbitration.
Based on your statement, I do not see that you were 10% at fault.
You need to demand that your insurance company pursue this claim through arbitration so you can collect your full damage and rental reimbursement.
Even if you 'lose' in arbitration, the claim is still settled on a 90/10 basis.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area
---------- FOLLOW-UP ----------
QUESTION: Hi again. I just got a phone call from the adjuster and she said she going to
accept the 90% offer and not going to arbitration. She said I have no say
whatsoever in this case. She is the one who makes a decision. What can I do?
AnswerHi Amy,
I was afraid that would happen. As I stated before, each company is trying to settle the claim in a manner that will cost them the least, and by settling for the 90/10 split your company is only out and additional $87 as opposed to the larger costs involved in taking this case to arbitration.
Under the legal wording of the policy, the company has the sole decision on how to settle the claim and you can not legally force them to follow your desires.
Under the 90/10 split, you should be able to recover 90% of the damage to your car, 90% of the car rental and 90% of your deductible.
Discuss this with your claims adjuster to be sure this is the way a 'contributory' accident is handled in your state.
Unfortunately, you have no choice but to accept your insurance company's decision.
Sincerely,
Bennie
