Ins. co offers 50%, should I ask for 100?

[tradertim76]

What is the name of your state (only U.S. law)? NJ
My wife was going thru an intersection and a car coming toward her turned left at the light right into her driver side rear door! There was a police report. No tickets were issued. I called the other guys ins co. from the police report, faxed them a copy of it. They returned call in a week saying they determined my wife was 50% at fault for "failing to maintain proper lookout while traveling through an intersection", while their driver was neglient for failing to observe right of way. An estimate was done for $1800 and they are offering half and sent me the release form. I feel they should pay 100%. How is my wife supposed to know the other cars going to turn into her? Should I call back and request full payment , or be happy I got this 50% easy? Are they hoping I'll accept and go away? How should I proceed?

[ecmst12]

The other guy hit the REAR of her car! She was already mostly through the intersection, how exactly would her paying more 'time and attention' have allowed her to avoid the accident! Now if SHE had hit HIM, I'd say take the 50%. But things as they are, I wouldn't accept that for a second.

[tradertim76]

When I call back co.rep should I demand full payment and threaten small claims court or that I'll refer this matter to an attorney? Or reply that he hit our car and they owe full payment?

[seniorjudge]

You need to sue the person who did the damage.

(Hint: It wasn't the insurance company who damaged your car.)

[ecmst12]

If the amount is low enough, you can go to small claims court. Don't threaten or be a jerk. Simply point out that based on the point of impact, she was already most of the way through the intersection when their driver turned into her and there is no way she could have avoided him by that point. If they refuse to accept 100% fault, just say thank you and sue the driver.