How to determine a 50/50 insurance claim

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PostPosted: Tue Feb 10, 2009 2:15 pm   Post subject: How to determine a 50/50 insurance claim  

last night my car and another car clashed wing mirrors. My mirror is fine his is broken. Niether of us slowed down so its a 50/50 claim. Because my car is not damaged will i have to pay anything? and will this affect my insurace premium and will any increase be immidiate or at time of renewal.

garethmadeley
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PostPosted: Tue Feb 10, 2009 3:12 pm   Post subject:   

Each insurance company will make a liability determination. They each may or may not agree with your determination.



If it's 50/50, payment depends on what state you are in. Some states would require your carrier to pay for 50% of the other person's loss, others bar the other person from recovery.



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PostPosted: Tue Feb 10, 2009 5:21 pm   Post subject:   

there are some states (i.e. new Hampshire),you won't required to carry any



type of insurance when you are driving but with some states (i.e.New Jersey)



you need to carry the insurance papers along with you.The point i wanted to



make is it all depends on different laws governing that particular state,so



your question 'whether your premium will be increased immediately or



not?' we can't find any specific answer for that. if we can know in which



state you are living then only we will be able to guide you with proper



information.







SmileSmile



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PostPosted: Wed Feb 11, 2009 9:12 am   Post subject:   

Quote:
Niether of us slowed down so its a 50/50 claim.




Well, I don't think its sufficient to determine the liability of the driver. I also guess that there wasn't exchange of insurance information. Hence, you're required to file the claim with the respective insurers.

Further, whether or not your premium rate will go up would depend upon the insurance company. Amit, its hardly a decision of the state. The insurance rates are regulated internally by the insurer. And hence the question regarding the change in the premium would depend upon insurer. However, in most cases an at-fault is likely to increase your premium.



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PostPosted: Wed Feb 11, 2009 12:23 pm   Post subject:   

Quote:
Because my car is not damaged will i have to pay anything?
You personally wouldn't your carrier will...if it's determined that you were negligent in some manner, as Tcope posted it depends on the negligence laws of your state, if pure comparative, and it is a 50/50 then each of your policys pays the other 50% of their damage..
Quote:
and will this affect my insurace premium and will any increase be immidiate or at time of renewal.
First off increases can ONLY happen at renewal..period...they cannot increase mid term...as to an increase, it depends, most carriers have a monetary pay out, ie 500 and a chargeable (at fault) accident before the rates increase...you'll need to ask your agent or policy services about this...and depending on the liability outcome and amount of damage it may be wise for you to pay this out of pocket..


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PostPosted: Tue Jun 29, 2010 2:13 pm   Post subject:   

I was in an accident 2 weeks ago. I was getting into the turning lane and the guy who hit me came cruising on the turning lane and hit my car. He wasn't supposed to be driving on the turning lane. But his insurance claims that it was a 50/50 claim and they are not going to pay for my damages. I just need to know what I need to do to fight this bacause I don't believe I was at fault. And even if I was, I still think they need to pay for half the costs of my repair


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PostPosted: Tue Jun 29, 2010 3:25 pm   Post subject:   

If the insurer has denied your claim, you are not prevented from suing the other party in small claims (or other) court. If the judge awards your damages, the insurance company will have to pay, like it or not.



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