Rear ended and at fault?

[Ed05]

What is the name of your state? Illinois
Traveling east, I stopped somewhat suddenly at an intersection for an ambulance that was traveling south with siren and lights on. I had a green light, the ambulance was going through a red. It was raining. The car behind me did not stop in time and I was rear-ended. His insurance company has deducted 25% of my claim saying I was 25% at fault due to "comparative negligence." Isn't he at fault 100% for not maintaining proper distance and not being able to stop in time? Thanks for your opinions.
Ed

 

[FNP Services]

Absolutley. Get an attorney.....

 

[RunningOnEmpty]

You are not at fault. You had a legitimate reason to stop suddenly.

While driving, you should be prepared to make a sudden stop at any time. You were prepared, the other guy wasn't. Why didn't he hear the sirens coming?

Adjusters are often pressured by their employers to look really hard for comparitive negligence. We get brownie points for this. It sounds as though the adverse party's adjuster is really reaching on this one.

While it is possible to be comparitively negligent when rear-ended, (slamming on your brakes during a road rage episode or stopping in the middle of a highway for no intelligent reason), this is not the case in your accident.

 

[Ed05]

Thank you for your responses. I spoke to a supervisor and was again denied 100% even though I mentioned filing complaints with the BBB, the state Insurance Dept and small claims court. We're only talking about $200 dollars difference here so is not worth hiring an attorney. Probably not worth my time either but I don't like taking any of the blame for this. Among my three options I am wondering what order to go in. I am thinking of starting with the BBB, then Insurance Dept, then court. Does any one of them preclude the other?

 

[stephenk]

The first two have no power to force the carrier to pony up more money.

you can always file in small claims court. that may be the factor that makes the carrier pay the additional $200 rather than have their insured have to go to court and have a judgment entered against them.

 

[Ed05]

Rear ended...

I assumed my claim would be against the insurance company as they denied part of the responsibility. Are you saying their insured would have to go to court and be subject to a judgement? The insurance company is substandard and they don't care about their insured (who doesn't have any money anyway, which is why he is with a substandard).

 

[teflon_jones]

Your case would be against the owner of the car, not the insurance company. The insurance company will then send representation for their insured.

 

[RunningOnEmpty]

Many (Most) insurance carriers are members of a forum called "Inter-Company Arbitration." When the two insurance carriers cannot agree on liability, one carrier will file for arbitration against the other carrier, in an effort to recover the dollars they feel they are entitled to recover (as well as that percentage of your deductible).

Each company presents their argument (photos, witness statements, statements of involved parties, police report, etc.) to an independent third-party panel made up of insurance professionals. You need not be present. By being a member of Inter-Company Arbitration, the carriers have agreed in advance that the panel's decision is binding.

You should insist that your carrier file for arbitration, as the other carrier wouldn't stand a chance with this case. It would take a couple of months, but you would eventually get your $$. Let your insurance company do the work instead of spending your time in small claims court.

 

[stephenk]

Inter company arbitration only applies if the poster's carrier had paid for the car repairs. The carrier has no standing to file a claim for their own insured.

the insured's only option is to file a small claims action against the driver and owner of the car (if a different person).