Will accepting a settlement offer that says I'm 20% at fault affect my insurance rate

[Comcommittal]

What is the name of your state (only U.S. law)? New Hampshire

I was in a car accident about 40 days ago that rendered my car undriveable. I don't have collision insurance and I filed a claim with the other driver's insurance company. It took until a few days ago for the insurance company to come up with a determination of fault. They offered me a settlement of 80% fault on the other driver (their insured) and 20% fault on me. My understanding is that New Hampshire has comparative fault at 51%, so if I accept that settlement I should be compensated for 80% of my damages. In reality I say I'm 0% at fault, but like I said I've been without my car for 40 days and I'm considering accepting the settlement and eating the cost of 20% of the damages myself so that I can get my transportation straightened out and move on. If I accept that settlement, can that somehow lead to me paying more for car insurance in the future? In a state with comparative negligence at 51%, what is considered an at-fault accident when applying for auto insurance and asked to report accidents you've been involved in? Only accidents where you're 51%+ at fault? When applying for other auto insurance, would I even have to report this if the other driver doesn't file a claim with my current insurance company? Can he even file a claim with my insurance company if his insurance company settles with me for 80% / 20%?

 

[ecmst12]

The best person to ask is your insurance agent, but generally this would not be considered an at-fault accident unless you were MAJORITY at fault.

 

[Comcommittal]

Ok, thanks for your feedback.

 

[infamous_insane]

The best person to ask is your insurance agent, but generally this would not be considered an at-fault accident unless you were MAJORITY at fault.

I compleately agree. majorly at fault, and your company paying out. since your company didnt pay out, its unlikely to go on your insurance record. but when changing companies, prospective companies tend to try to charge you (for any and everything) , keep proof it wasnt your fault. (settlement agreement)

 

[Comcommittal]

Thanks for the feedback.

I'm planning on changing companies, so I'll keep your advice in mind. My insurance policy is set to expire in a couple of months, and I wasn't happy with the experience of talking to the claim handler at my company about this incident, and I'm probably not even getting a very competitive price, so I'll be shopping around.

I don't even know if the other driver ever filed a claim with my insurance company. I wasn't notified of that happening, so I presume not. If I take the 80 / 20 settlement from his insurance company, could he still file a claim with mine? I'm guessing if he has collision coverage with his company and filed a claim with them, then no, but otherwise he could try it.

 

[ecmst12]

He can always try, no matter what. But in your state, if he is 51% or more at fault, he can't recover from you or your insurance. So they will deny his claim. That's why you have insurance.