QuestionQUESTION: I was in an auto accident and my insurance company view the police report and rule the case no fault and the other drivers insurance company ruled the case 50/50. What chances do I have of getting compensated for my car which is totaled. I only have liability uninsured motorist on my vehicle. Is the other insurance company responsible for only have of the cost.
ANSWER: Hi Vickie,
Because we do not know your state, I cannot answer your question. Most states do have comparative negligence laws, wherein a person can recover, even if she is half at fault, but the award will be reduced by half.
Contrariwise, some states still have contributory negligence, wherein if you at fault as they allege, you cannot recover a dime.
Best to check on this with your state insurance commissioner http://www.settlementcentral.com/links.php
The first thing I would do is to make that call. And then I would call the adjuster and insist upon proof as to why you are half at fault. If you are able to argue the liability down, then of course you will save for each percentage of fault that you can get them to attribute to the other side.
Next, make sure that you work hard to fight the determination of actual cash value. Go online to www.autotrader.com and other sites like www.edmunds.com and www.kelleybluebook.com and get a good idea of what people are ASKING for your vehicle within, say, 500 miles.
Also, if you want to keep the vehicle, then once the adjuster determines how much she will spend for repairs, go to the auto body owner and ask for an estimate WITHIN the amount of the adjuster's limit, and stipulate that you will let him repair with USED AND/OR NON-ORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) PARTS. That should lower your repair estimate by 40% and maybe you can keep your vehicle.
Best wishes,
Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com
---------- FOLLOW-UP ----------
QUESTION: Sorry for not listing the state, that would be Georgia. Thanks for responding in a timely manor. Your opinion is greatly appreciated.
AnswerWell, as I said above, it would pay you to get off that 50% liability because Georgia does have a mixed bag combination of Contributory Negligence (claims are barred if plaintiff is 50% or more at fault) and Comparative Negligence (claim OK at less than 50%, but award is reduced by percentage of fault).
Thus, the comparative negligence rule applies but if you, as plaintiff, are 50% or more responsible --- or where you, by ordinary care, could have avoided consequences of the defendant's negligence, then NO recovery is allowed. If you, as plaintiff, are less than 50% at fault, then your recovery is reduced by your percent of fault.
To fight the percentage of fault, know first how percentage of fault is determined.
After an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based on the circumstances surrounding the accident. There is no secret mathematical formula for determining percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some agreement as to what, if any, your allocated fault is. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to resolve the issue of fault.
Thus, gather all facts and present them IN WRITING ONLY. FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
