Auto Insurance Claims: crash, how to determine fault

Question
we got in accident we do not have property damage on our car the other driver ins will only pay half of damages the police report shows he is at fault what can we do now

Answer
Steve,

   Although rules can be different depending on the State, normally when there is an argument about percentage of fault, an independent witness, video recording of the accident, or small claims suit is the only way to get an insurance adjuster to change their mind.  

   Fault is only ever determined by a competent jury, anybody that speculates as to fault is doing just that, speculating.

   Pattern jury charges (questions to the jury when they are deliberating) can be helpful in making a good guess as to who is going to be found liable.  

   Accidents almost always take the actions of two people to happen, so don't be so sure there is not some liability on your part.  Were you keeping a proper lookout?  Did you hit your brakes in a timely manner?  Was your view obstructed?  Were you going the speed limit?  Was it safe to be going the speed limit?  As you can see, there are many levels of fault in an accident, so in order to give a good guess about liability, I would have to have the details of the accident.

   If the police did not see the accident occur, anything on the police report regarding how the accident occurred is hearsay and will not be admissible at a trial on the matter.

   I hope this helps!