Auto Insurance Claims: Intersection Claim, small claims court, insurance adjuster

Question
Richard,

I was recently involved in an accident where I t-boned a lady in her car at a residential two-way intersection.  Fortunately, no one was hurt but my car was totaled and I only had liability.  The other car had a stop sign, I did not have a stop sign.  Her insurance accepts 80% liability for the accident since she continued across the intersection without looking both ways.  The police report supports my case that the other car was at fault for the accident and no one disputes that I was traveling the speed limit.  Her insurance is placing 20% liability on me (and therefore my insurance) for my statement that I did not "see" her vehicle until she was into the intersection.  In other words, I could have prevented it by braking sooner or taking evasive action.  Their argument, "what if it was a child?"

I feel strongly that I did not do anything wrong, did what I could to prevent it, and should not have been put in that situation in the first place.  The location of where I saw her is arguable and I believe doesn't change the outcome.  If anything, a split second sooner, and she would have broadsided me.

I've had a good and friendly discussion with the claim adjuster and we've concluded to politely disagree.  They will continue the settlement, most likely go to arbitration with my insurance company (for the 20%), and I might even get the liability adjusted at that point according to her insurance.  My insurance advices that I go to small claims court (<$7500 in CA) but her insurance adjuster tells me that I cannot take the insurance company to small claims court and it would have to be their client instead.

What should I do?

Answer
Hi Jose,

I understand your frustration. Insurance companies do this just to save a few bucks. Based on t=you explanation, I feel you are absolutely not at fault.

The adjuster is correct about small claims court. You would sue the person who damaged your car. It was there negligence that caused the damage to your car not the insurance company. You are only dealing with the insurance company because the at fault person has a policy with them to pay.

If you want to get out of the 20% liability you will have to either hope your insurance company wins in arbitration or you will have to sue the at-fault party. If the judge says the other person is 100% at fault then you would submit a copy of that judgement to the insurance company and they will pay you.

I hope this helps
Richard Hixenbaugh