• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Car Accident Liability Question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Fair enough, I will give my adjuster at the Littleton Group (my insurance Clearcover hires Littleton to be adjusters for their claims) one more chance and if she still seems unprofessional I'll try and ask for someone else. Hopefully not everyone at the Littleton Group is bad but if so, c'est la vie, I'll take the %80 and move on...
Thanks
 


quincy

Senior Member
Fair enough, I will give my adjuster at the Littleton Group (my insurance Clearcover hires Littleton to be adjusters for their claims) one more chance and if she still seems unprofessional I'll try and ask for someone else. Hopefully not everyone at the Littleton Group is bad but if so, c'est la vie, I'll take the %80 and move on...
Thanks
Sounds like a plan. :)
 

adjusterjack

Senior Member
My question is, since I was completely in my lane before he started shifting into mine, doesn't that give me %0 culpability?
Sorry, I see you partly at fault because you were going at a much higher speed than the prevailing traffic, right into his blind spot. You should have been slowing down.

I wouldn't call it 50/50 but an offer by the other company to pay you 80% of your damage is better than your company paying your claim and getting a chargeable accident on your policy.

It sounds like she's saying this is how we saw it, so take their better version instead of ours? Is that normal?
Is it normal for adjusters to make decisions based on interpreting a video? Of course it is.

if she still seems unprofessional
She's unprofessional because her decision isn't what you want it to be?

I've been called worse by policyholders who didn't like my decisions.
 

Eekamouse

Senior Member
My damages seem pretty minor, just some mild scratching on the rear view mirror luckily (his rear view mirror was completely shattered, but he's not filing a claim against me). To be clear though, his insurer said they are willing to pay %80, not %20 of my damages. I tried your 2nd suggestion, but am weirded out that my own insurer, even after I told them about his insurer's %80 offer, said they see it as an equal liability scenario. I'm more just asking out of principle and because I don't even want to have to pay a couple hundred bucks or have %20 at-fault accident on my record. I don't really know what else I could have done in this scenario.

Thanks for your help.
I'm curious how you both had damage to your rear view mirrors. It must have been some accident to achieve that. LMAO.
 

Zigner

Senior Member, Non-Attorney
Fair enough, I will give my adjuster at the Littleton Group (my insurance Clearcover hires Littleton to be adjusters for their claims) one more chance and if she still seems unprofessional I'll try and ask for someone else. Hopefully not everyone at the Littleton Group is bad but if so, c'est la vie, I'll take the %80 and move on...
Thanks
Your insurer has agreed to accept that the other party will accept 80% fault...yet you want to argue even though that's exactly what you want to accept as well. What am I missing?

In essence, your company is saying "We believe it's 50/50, but hey, they want to accept 80% fault, so go for it!"
 

zddoodah

Active Member
My damages seem pretty minor, just some mild scratching on the rear view mirror luckily (his rear view mirror was completely shattered, but he's not filing a claim against me). To be clear though, his insurer said they are willing to pay %80, not %20 of my damages.
Thanks for clarifying. Under the circumstances, with minor damages, I wouldn't think it would be worth the time or risk to pursue beyond this, but that's a call only you can make.

I tried your 2nd suggestion, but am weirded out that my own insurer, even after I told them about his insurer's %80 offer, said they see it as an equal liability scenario.
Just so you understand, if you make a claim against your own collision coverage, your insurer will pay 100% of the cost to repair the damage, less your deductible. Apportionment of fault doesn't come into play on the claim side with a collision claim. It will, however, come into play in terms of any "good driver" discounts you might get.

I don't even want to have to pay a couple hundred bucks or have %20 at-fault accident on my record.
What record? Keep in mind that you're legally obligated to report the accident if there was an injury, death or property damage in excess of $1k. Sounds like the $1k threshold might not be met here. Beyond that, you've reported the matter to your insurer, so there will be a record of that. If you don't actually make a claim against your collision coverage, then that won't matter much.
 
Last edited:

quincy

Senior Member
You can pay for the minor damage to your car yourself without going through your insurer and then accept the 80% from the other driver’s insurance. That might actually save you dollars in the long term.
 

Redemptionman1

Active Member
The insurance industry maintains a national database of insurance claims called CLUE (Comprehensive Loss Underwriting Exchange). All insurance companies have access.

Claims information is available for at least 5 years.

How does a comparative fault claim impact her rates? That in other words makes no sense if the person who hit them is at 80 percent or more fault.
 

zddoodah

Active Member
The insurance industry maintains a national database of insurance claims called CLUE (Comprehensive Loss Underwriting Exchange). All insurance companies have access.

Claims information is available for at least 5 years.
I'm aware, but that doesn't mean it's what the OP was talking about.

How does a comparative fault claim impact her rates? That in other words makes no sense if the person who hit them is at 80 percent or more fault.
It's up to each insurer. In the OP's situation, if he/she makes a claim against his/her collision coverage and his/her insurer determines he/she is 50% at fault, that may impact the premium. If the OP makes only a claim against the other driver's liability coverage and the other driver's insurer determines the OP to be 20% at fault, that's not going to affect the OP's premium at all.
 

Redemptionman1

Active Member
I'm aware, but that doesn't mean it's what the OP was talking about.



It's up to each insurer. In the OP's situation, if he/she makes a claim against his/her collision coverage and his/her insurer determines he/she is 50% at fault, that may impact the premium. If the OP makes only a claim against the other driver's liability coverage and the other driver's insurer determines the OP to be 20% at fault, that's not going to affect the OP's premium at all.

What about (does not apply in the case) they are under insured? In an accident case where at fault is clear? They then have to go to their Comprehensive/ UIM coverage to get their damages covered> how does that affect rates?
 

Zigner

Senior Member, Non-Attorney
What about (does not apply in the case) they are under insured? In an accident case where at fault is clear? They then have to go to their Comprehensive/ UIM coverage to get their damages covered> how does that affect rates?
Please don't hijack this OP's thread. Thank you.
 

Zigner

Senior Member, Non-Attorney
would you prefer me to start another thread, it kind of pertains to the question at hand or similar situations.
If you have a question relating to an insurance matter that you need information on, then yes...please start your own thread.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top