Contributory Neglagence

Apr 27, 2019

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  1. Cantmakethisup
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    Cantmakethisup New Member

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    State:
    Georgia
    Major insurance carrier is asserting that I contributed to 10 percent of a wreck. I was at an intersection stopped at a red light. The light turned green I entered the intersection and was struck by a car that ran the red light.

    The driver of the car that crashed into me stated that he didn’t see the light turn red because sun was in his eyes. This was included in the police report. This driver was ticketed. The police report indicated I did not contribute to the accident and the other driver contributed totally to the accident.

    The adjuster, who is NOT licensed in my state, stated that I should have been scanning the area of the intersection as I entered it. I said I was looking at the light, let of the gas and was hit. I asked him what a reasonable reaction time is in this instance and he didn’t answer.

    My car is new. It had the drive out tags and 700 miles on it. The total damage will probably be about 8000, and he wants me to be on the hook for that.

    He would not let me speak to a supervisor.

    Any ideas?
     
  2. fed up
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    fed up Guru

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    State:
    Virginia
    Did you turn this over to your own company? Unfortunately the other carrier is digging in heels so as not to pay. Let your carrier subrogate against the other company
     
    fed up, Apr 27, 2019
    #2
  3. BADTROUT
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    BADTROUT Guru

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    State:
    Colorado
    Then if neither play nice, and your agent isn't going to bat for you, talk to the Division of Insurance... If you are not already... find a good independent agent to represent you... NOT someone exclusively representing the company.
     
    BADTROUT, Apr 27, 2019
    #3
  4. adjusterjack
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    adjusterjack Guru

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    State:
    Arizona
    What you have to understand is that the other driver's insurance company is not your insurance company and owes you nothing unless and until a court of law finds the other driver responsible and says how much. Until then it’s all a matter of negotiation.

    If you don't want to settle for 90% of your repair cost you can either sue the other driver and convince a judge that he owes you 100% or you can use the collision coverage on your own policy. Your insurance company is contractually obligated to cover the full cost of your repairs less your deductible.

    Once your insurance company recovers money from the other insurance company your deductible will be refunded to you.
     
  5. Change Request
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    Change Request Expert

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    State:
    West Virginia
    They are just trying to save money at your expense and know that you likely have no one advising you. No expert deemed you at fault....only the entity with a primary interest in saving money. Contact the person who hit you and let them know you will hold them responsible in court for the difference and watch the situation change. As the claimant, you have some power to get what you deserve.

    Either way, I'd contact the State Insurance Board and let them now. You have rights protected by your state and no judge will go against that. This scam is well known.
     
    Last edited: May 6, 2019
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