California Insured driver insurance trying to blame me 20 at fault

[Hipmom]

Why is Allstate insurance companies trying to blame the other driver that there insured driver hit 20% at fault. There driver hit my car on driver side they cross the intersection and came into my lane and hit me on driver side. They say since i say the other drivers signal light i should have let them in bologna. Dont know how long that signal light was on.


i think i will take them to small claim court. I have a letter from Allstate saying they know there driver is at fault but only 20%. How do i get current register owner Allstate states they cant give me info privacy issues.

Will see what small claim judge says.

 

[fed up]

It sounds like the other driver had a "left turn arrow" when you entered the intersection. Was your light yellow or red? Did you get started before your lane had a green light? 20% at fault after getting hit by someone would indicate that your car was in the wrong place and contributed to the collision. Allstate, just like your insurance carrier, has a duty to defend their driver based on his version of the details.
Let the 2 insurance carriers fight it out and forget about small claims court. Allstate would have a duty to defend their driver and you are not going to be able to have your carrier show up in court

 

[Newby]

Why is Allstate insurance companies trying to blame the other driver that there insured driver hit 20% at fault. There driver hit my car on driver side they cross the intersection and came into my lane and hit me on driver side. They say since i say the other drivers signal light i should have let them in bologna. Dont know how long that signal light was on.


i think i will take them to small claim court. I have a letter from Allstate saying they know there driver is at fault but only 20%. How do i get current register owner Allstate states they cant give me info privacy issues.

Will see what small claim judge says.

Well the last time I took Drivers Ed (so I didn’t get points on my license) I do remember that anytime you are in an accident you are going to be some % at fault. The theory is that another driver could possibly have avoided the accident.
In your case if a driver had a signal on to merge and you didn’t make room for him you can definitely see that another driver may have handled that differently and avoided an accident.
Defensive drivers get into fewer accidents than aggressive drivers. You can be within the laws but still be a factor in causing the accident and that’s why insurance companies assign percentages of fault.

 

[adjusterjack]

Agree with Fed Up. If you have collision insurance, have your own company pay to get your car fixed.

Your company will then seek reimbursement from the other company including your deductible.

 

[ehall2]

This is what Allstate does. A supervisor in Progressive's claims department told me that Allstate will always find the other driver at least 20% at fault.

 

[Hipmom]

I was in the right lane the insured driver was in the left lane. The light turned green i proceeded to go pass through the intersection and the insured driver tried to get in the right lane after the light turned green. And right after the intersection she rammed right into my (whole driver side).

As far as there signal light on it doesnt matter they could have had there signal light on 5 blocks ago. The issue is she made a lane change when it was safe to do so. Also this was at 12:30am in the morning.

At first Allstate stated 60% and 40% my fault but i wrote a letter to cooperate and told them i was filing a complaint with Department of insurance and they then called me to let me know they could only change it to 80 and 20% my fault. Why would they change the numbers like that?

She says she thought my right lane was a turning lane only. She hit my car her insurance should pay 100%. Im taking them to small claims court. I only have liability on my car.

 

[fed up]

This is what Allstate does. A supervisor in Progressive's claims department told me that Allstate will always find the other driver at least 20% at fault.

That is sheer nonsense. The contributory negligence assignment seems to have started with GEICO as a means of retaining their customers as far back as 2014 or so. I sold and serviced many Allstate policies since then and it was never an issue until recently as Allstate decided to follow other carriers ( thank Tom Wilson and Glenn Shapiro). The 20% then shows up on a CLUE report and a quoting carrier will assign a higher premium but this is not standard procedure for Allstate. The OP needs to clarify exactly what happened and if there was a green arrow at the intersection for oncoming traffic. It is also Allstate's duty to accept their clients version of the accident.

 

[Hipmom]

The was a green light for both vehicles to go straight and after passing intersection she came into right lane and hit whole side of my drivers side

 

[ehall2]

Hey fedup, I don't know how long you have been in the business but I have been an agent for 49 years. There isn't much I haven't seen. I see many CLUE reports every week and in Georgia I have never seen CLUE report that states the percentage an auto is at fault. The report will show the date of the accident and whether you at fault. It doesn't show a percentage. It will also show the name and license number of the insured and the VIN # of the insured auto. Allstate has always had the reputation of not paying claims. Look up the web sites that show the number of people who had claims denied by allstate and after 5 years they have paid. This is sinful.

 

[Hipmom]

Where is the website locate. Im not an agent. Allstate told me this percentage. I live in California an so called at fault state.