what do I do next if the insurance only want to pay half?

by tanoonie » Fri May 21, 2010 10:21 pm

My car was hit on mother day. And the other person insurance only want to pay half for the damages and my stepdaughter hitting her head. For the beginning after seeing the damages to my car the investiagtor stated that it didnt seem as if they were going to be paying for my damages without even looking at their client vehicle. Then they call back and said that they would only go half on damages to the car and didn't offer anything for my stepdaughter,that was hurt in the car. I had to call the police to come out because the other driver had refuse to give any of her information. what can I do. I dont want to file on my insurance and it go up,but I car look really bad

Total Comments: 4

Posted: Sat May 22, 2010 12:13 am Post Subject:

Oksy... _why_ are they only offering 1/2? Is it that they think you are 50% liable or they think your damage and injuries are 1/2 less then what you claim? I'm going to guess that they feel you are 50% liable. If that is the case, what happened in the accident and what state did it happen in?

You need to ask the adjuster why they are only paying 50% and if it's liability related, find out what their liability argument against you is.

Posted: Sun May 23, 2010 07:55 pm Post Subject:

that is what they are saying the we are liable for half and that is not true. we where in a two way turning lane, i was in the inner lane and the other person in the other lane when the light turn green and we turn the other car came over and my hit and hit my car on the passanger side and my car is damage real bad and she darely have any damage to her truck. i had to call the police twice because the first time,i just call to let them know that i was hit,then when the dispatch told me to get her information the other person didnt want to give her information,so i had to call the police back but when the officer came out,he just got her information for me but he didn't make a report. so her insurance said their decision is base on the fact that the policer didnt give any tickets and that he didnt make a report and their was no witness but my stepdaughter had a bump on her head,but they said that they didnt need her statement(the insurance co.) so now i dont know what to do. i dont want to file on my insurance,so at this point i dont know what to do???????

Posted: Sun May 23, 2010 07:55 pm Post Subject:

that is what they are saying the we are liable for half and that is not true. we where in a two way turning lane, i was in the inner lane and the other person in the other lane when the light turn green and we turn the other car came over and my hit and hit my car on the passanger side and my car is damage real bad and she darely have any damage to her truck. i had to call the police twice because the first time,i just call to let them know that i was hit,then when the dispatch told me to get her information the other person didnt want to give her information,so i had to call the police back but when the officer came out,he just got her information for me but he didn't make a report. so her insurance said their decision is base on the fact that the policer didnt give any tickets and that he didnt make a report and their was no witness but my stepdaughter had a bump on her head,but they said that they didnt need her statement(the insurance co.) so now i dont know what to do. i dont want to file on my insurance,so at this point i dont know what to do???????

Posted: Sun May 23, 2010 08:06 pm Post Subject:

I'm betting the other person is stating that you came over into her lane. How can a 3rd party know who is correct and who is not? The other insurance company could have also put more weight on their own insureds statement and denied your claim. In fairness, they are willing to put equal weight on both statements and pay for 1/2 of your loss.

This is why people should consider carrying collision coverage... to protect themselves no matter what.

My recommendation is that you file w/your carrier and have them recovery 50% of your deductible from the the other carrier. This is the best situation for you. I don't know of any way you can prove that the other person is 100% at fault.

The only other thing that I can think of that would make a difference is the point of impacts to the two vehicles. If one was in the front side and the other to the rear side then one could raise the argument that the person behind could have avoided the impact as they could see the other car moving over. This is a _very_ weak argument and I think the 50/50 offer is pretty good considering.

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