In an accident where the other driver is totally at fault,y would their insur.accept only 50% liability?

Question

I was recently involved in an auto accident in which my vehicle was hit in the rear by the front of another vehicle causing damage so severe that to repair it would cost more than the blue book value of the car.Now,my car is totaled,and the other driver's insurance is only accepting 50% of the liability when clearly they are responsible for the whole 100%,and I don't understand why.

Answer 1

You didn't say what you did right before you were hit, were you just driving along the road & stopped for a stop sign, stopped for a light, etc? Did you stop for a pedestrian? Did you slow because something ran out in front of you? Did you slow because there was a reduce speed ahead sign?
Or, did you pull out in front of the person that hit you & they were unable to stop because you didn't give them enough roon? Did you pull out of a driveway or sidestreet? Did you change lanes in front of them?
Or, were you angry because you felt that they were following too closely & slam on your brakes to get them to hit you?
If you were doing something like the first group of questions, the other party should be found 100% at fault.
If you did something on the 2nd group of questions, YOU could be found 50% up to 100% at fault depending on the distances - where you pulled out, where you were hit on the road, whether the other party was speeding, etc.
If you did the last one & the other party can prove it through independent witness statement, you could be found 50% or more at fault (he would be found partly at fault too for following too closely, participating in the road rage incident, etc).
If you were backing you would be 100% at fault.
Now if you say you were going forward, the other party says you were backing & both scenerios are plausible, you have a conflict of stories & most of the time, the adjuster will deem both of you 50% at fault because either one COULD have happened & there is not an independent witness (someone neither of you knows) to back up either story.
So, in answer to your question, there seems like there is something else going on, you need to get a letter from the adjuster at the other company with his opinion as to why you were deemed 50% at fault.
If you have collision coverage on your car, go to your insurance company to get paid, you will be out your deductible, but that should be much less than 50% of the value of your car. You can still do this, all you have to do is explain to them what has been going on, you tried to collect from the other party & have been unsucessful. Your company will pay under your collision coverage, less your deductible. Then, if your company feels you not at fault, they will go after the other company by a process called subrogation & will attempt to collect what they paid & will also attempt to collect your deductible. If the other company & your company cannot agree on the % of fault, they will go into arbitration, which is binding, to decide. If your company collects a % of your loss back, you will get that % of your deductible back. If the other party is found 100% at fault, you will get your whole deductible back, if the other party is found 75% at fault, you would get 75% of your deductible back, etc.
If you do not have collision, you can fight the other company but you may not get anywhere. An attorney probably will not take your case unless there was bodily injury, they don't do property damage cases, most of the time, since they take at least 1/3 of the settlement & they probably won't get the other company to budge on the % of fault anyway, your insurance company is the only one that will be able to do that.
Did you get a police report at the scene? This may or may not say what you say happened, or it may just have both sides of the story & be ambiguous anyway. It may or may not have witness statements.
Good luck to you.

Answer 2

They disagree with you - the driver's insurance company does not believe they are 100% responsible for your damage. They believe they are only 50% liable.

You did not provide enough information in your question about how the accident happened for me to tell you anything specific about your situation.

You can ask the adjuster that extended the offer for 50% why they are only offering 50%.

You can also file under your Collision Coverage (if you have it). Your company will pay for your damage - your deductible and then will go back against the other carrier to get paid back what they paid and your deductible.

Answer 3

Fault for accidents is determined by negligence of the divers; someone is always proximate cause, other drivers always contribute. (Car crashes are not accidents, they are all preventable according to NV law and other states). Negligence can be rather complicated but at the same time based upon common sense, aka the reasonabl prudent person standard....a HUGE part of it is determined by the actions of, or inactions of, the driver (not the amount damage sustaned). You apparently contributed 50% to the accident. Without knowing the FACTS of loss, sorry, can't help you much.

Answer 4

The insurance company has to be totally responsible for your vehicle However they do not have to pay you more than the blue book value for it. Since you were hit in the rear maybe you should consult an attorney.

Answer 5

Obviously they don't agree that they are responsible for the whole 100%.


Your insurance and his insurance will have to negotiate a settlement.