Auto Insurance Claims: auto accident, independent witness, auto accident

Question
I was recently in an auto accident.  The other driver  was ticketed  for failure to yield. I was not ticketed.  However his insurance company is stating that  they will pay only 80% and I will be liable for the other 20%. They are trying that I could have prevented the accident by stopping  . However, if I would have stopped I would have been rear ended.  My insurance is stating that they will take care of it  and we should just pay the deductible. I don't feel that this is fair since I was not ticketed . Is their another approach that  I can use.

Answer
Hi Kristee,

Insurance companies will often try to reduce the amount they will have to pay by placing a percentage of the liability on you. Unfortunately, there is not much you can do except try to negotiate with them. The only other alternative would be to file a law suit against the other driver and let a judge decide who was at fault. However unless you have an independent witness who could testify, the outcome would be uncertain. You should let your insurance comapny handle it. They will do the best thay can to settle with the other insurance company.

I hope this helps
Richard Hixenbaugh