QuestionHi,
First thank you for taking the time to answer my questions.
I was involved in a lane change accident on 11/29/07. A 24 ft Budget truck changed lanes into me as we exited a freeway offramp and approached a red stop light. I stayed in my lane before, during, and after the accident. The Budget truck went from being in the lane to my left to directly behind me. My car had damage to the driver side rear quarter panel, some of the taillight and bumper. We both pulled off the road and exchanged information. I asked the other driver directly if he admitted to being at fault for changing lanes into me and he said yes. No police was filed (he was cooperative at the time).
Now, two months later, I am still dealing with the claim. I filed a claim with my insurance company (AAA) within an hour of the accident. I have been completely cooperative with AAA, but I am encountering some very questionable actions:
1) The first AAA claim adjuster assigned to me left the company shortly after I filed the claim. No one notified me, and I only discover this when I called to follow up on my claim.
2) The second adjuster assigned to me told me she called Budget and no claim was ever filed. This was 3 weeks after the accident. She is also claiming that she can not reach the other driver to get a statement or the Budget adjuster.
3) Two months after the accident, my AAA adjuster still has not been able to reach the other driver.
Yesterday, I called her again to follow up on the claim. She said the Budget adjuster agreed to accept 50% of liability. I expressed my disagreement and the AAA adjuster said that maybe the other driver was changing his story.
How can they arrive at a 50/50 decision if the other driver admitted fault at the scene; he did not file the claim; he has been unreachable to provide a statement; and he now is changing his story (which is odd if he has been unreachable)? I feel I am being penalized for being reachable and cooperative. In principle, I do not believe I should accept a 50/50 liability decision. I do not want on my driving record that I was partially responsible when I was not.
Do you have any suggestions on what I can do to fight the decision? What steps should I follow? Can I request a new adjuster?
Thank you!
AnswerHi Cec,
This is why you should always call the police when involved in an accident regardless of how minor or the statements made by the other driver.
The fact that the other driver admitted fault to you is irrelevant since he obviously told a different story to the Bidget adjuster. It is your word against his and since his word saves them money they will always take his word over yours.
Your insurance company can only do so much. They present your side of the story to the budget adjuster and the Budget adjuster presents their drivers story to your insurance comapny and they try to reach a negotiated settlement. This is common when there are conflicting stories and no other proof such as a police report or a witness.
If you feel that adamant about not accepting any liability, about the only thing you can do is to file a law suit against the other driver and let a judge decide whos story seems more believable.
I hope this helps
Richard Hixenbaugh
