Auto Insurance Claims: 50 50 liability, liability

Question
I was recently in a car accident. As I was approaching an intersection (which was green) I maintained my speed and proceeded to cross the intersection. At this point, the car approaching from the opposite direction took a left and collided with the side of my car. There is a green arrow for left turns in the opposite direction but it was NOT on, it was a solid green.

My problem is that there were no cameras and the police did not witness the incident. I called the insurance guys and they said the claim might fall 50 50. What can I do?

Answer
Saad, Sorry about your accident.  I'm not sure why they would say 50-50.  Based on the description you gave, the other driver is 100% liable for failure to yield right of way.

However, it may be that there are conflicting stories and the other driver has provided a different loss description.  Is he alleging you had a red light?  Are they offering to pay you 50%?  Some carriers will do this in conflicting stories as a compromise.  But the more ethical thing to do is either deny the claim or pay 100% of it.  They should clarify their position on liability.

I suggest you call back and ask for clarification.  Be polite but persistent.  Getting angry is not helpful but being persistent is.  Ask them to clarify what percentage they believe each driver was negligent and the basis of their decision.  If they are still investigating, give them a reasonable amount of time to do that but let them know you will call regularly to make sure they are doing everything they can to expedite.  

I'm assuming there are no independent witnesses?  Any passengers?  Most carriers do not consider them as witnesses, but if the case goes to court they can testify and the judge/jury can decide their credibility.  Did the police issue any tickets?  

In cases of conflicting liability stories when there is no evidence to support one driver over the other, most carriers will believe their insured and deny the other driver's claim.  This is reasonable.  If you have collision coverage, you can ask your carrier to pay your damages and then file arbitration against the other carrier.  Usually no one wins these cases if there is no proff, but sometimes the arbitrator will thing one driver has more credibility than the other and you might win.  I think it's worth a try.