Auto Insurance Claims: Adjusters offer, uninsured motorist claims, phantom driver

Question
Two years ago I was in a "head on collision" where a phantom driver swerved in front of another car that went into a ditch, came out of the ditch and overcompensated and then hit me head on.  All the bills have been taken care of and the adjuster has just made an offer to close the case.  The adjuster stated that since the phantom care initially caused the accident, that the driver that hit me is only 50% at fault and that the settlement will be based on that 50%.  She stated that I could file a claim with my company under my uninsured policy.  Is the indeed factual and that I should file with my insurance company for other monies even if I am 100% not at fault and what is the probability of them raising my rates or canceling me if I do this?

Answer
Hi Marie,

Since you were not at fault, there should be no affect on your policy.

It does sound accurate that liability would be split at 50/50. However, before you accept a settlement from the other insurance company you should contact your insurance company to put them on notice that you a planning to make an uninsured motorist claim. You should be seeking a total settlement of between 3 to 5 times the total amount of your total medical bills. This needs to be coordinated and the final negotiated settlement amount agreed to by both insurance companies before you sign anything or cash any checks. Uninsured motorist claims can be very tricky. You may want to seek the advice of an attorney before agreeing to any settlement.

I hope this helps
Richard Hixenbaugh