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State Farm Insurance not covering auto claim

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xboxhaxorz

Junior Member
I was involved in an accident last mid last mth and have been dealing with state farm insurance. They say that they will not cover either party because they find us both at fault. As well they have not been returning calls and are very difficult to get ahold of.

Let me explain the accident. I was leaving work from Costco in the parking lot there are 2 sections split with a straight road i will call this the main road. On each side of the main road is a parking lot with the spaces and all as well on each side is the ovalish barrier with trees on it. Labeled on the barriers are no parking letters on the curb of the barrier.

I was on the main road proceeding down to make a right onto an actual road called ox road. At the end of this road is a stop sign before making a right turn no left turn is possible. I was traveling down the road and another vehicle on the right of me came zooming past going to the other side of the parking lot without yeilding, thus causing me to hit him on the drivers side area, im not sure but mine and the other drivers car kind of tilted sideways and then stopped. I backed up to let the other driver out. Apparently there was also damage on the passenger side.

I got out and took pictures of both cars and the surrounding area. There were Costco workers that came to the scene but none of them said they witnessed the accident only stated that the other driver appeared to be at fault because i had the right of way due to being on the main road.

The other driver spoke spanish thus none of us could communicate with him, i called the police and the officer exchanged information for us but could not file a report because apparently it happened of private property. The other drivers freind left the Costco as well a short while after and came to the scene to translate to the officer.

The insurance company is stating that i am at fault because i was supposedly going to fast which is why i did not have time to break and hit him on the drivers side, if i hit him in the fender than i would not be at fault according to the claim rep. I argue that i had right of way and the other driver came out to fast not looking thus not knowing i was there which is why i hit him. I said how can they assume that the other driver was already in the intersection, just because he was hit on the drivers side which could explain he came out way too fast in front of me is another possibility.

Both of us have State Farm which leads me to believe its easier to find both parties partially at fault which causes them nothing out of pocket but raises are premiums. This is the 2nd time State Farm has done this to me in which both parties had SF.

I have appealed the descision about 2wks ago. No calls or anything from them...
 


moburkes

Senior Member
Virginia is a contributary negligence state. This means that if you are even 1% at fault, you could be prevented from recovering from the other person who was 99% at fault.

It does appear that the other driver was in the intersection already, OR you WERE driving too fast, in order to have hit his vehicle where you did.
 

xboxhaxorz

Junior Member
Or he could have come out to fast in front of me.

Anyways, would i have any options if they deny the appeal hiring a laywer, small claims or something of that nature.
 

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