California Insured driver insurance trying to blame me 20 at fault

[fed up]

So both cars are traveling in the same direction and the other vehicle is in the left lane, your vehicle in the right lane. The other driver signals a lane change and moves right. You didn't see it coming and the impact was to your drivers side front fender area and their damage was to the right passenger side rear fender or door. So you hit them?

 

[adjusterjack]

I only have liability on my car.

Then you don't have much choice. Either accept the 80% or go to small claims court.

CA small claims court requires that you make a demand for payment before you file. You have to attest to that on the SC-1.

Do you have a repair estimate? If not, get one. If yes, fill out the SC-1, attach it to a letter demanding 100% of your repair cost along with the estimate. Send a copy to the adjuster and the driver with a deadline date for payment. 15 days, 30 days, whatever you are comfortable with. If you haven't been paid 100% by the deadline date, then you file your lawsuit.

 

[adjusterjack]

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.

No surprise there. I was scammed by an Allstate agent last year. Allstate corporate backed her up. Wouldn't surprise me that the claims department is also crooked.

 

[Hipmom]

How did i hit her she came in my lane and hit me.

 

[adjusterjack]

How did i hit her she came in my lane and hit me.

Stop kvetching about that. Allstate is offering you 80% of your repair cost.

Your choice is to either accept it or go to court.

Doesn't matter what the other driver says, the burden is on you to prove that she was 100% at fault, not just say she was 100% at fault.

 

[Allen Trent]

There isn't much I haven't seen

Have you seen a signed excluded driver get his wiener bit off by a permissive use driver because the permissive use driver decided she wanted to get McDonald's after a night of drinking. Car accident & oral sex didn't pan out well for the driver.......but Michigan court forced carrier the pay the hospital bills because the policy owner gave the girlfriend permission & she then gave her permission to the known excluded driver.

America