My car was involved in an accident a week ago in FL, the other car had a stop sign and proceeded through and hit my car. The other driver admitted to seeing my car when it was approaching the intersection knowing my car did not have a stop sign and proceeded. Their left front bumper hit my driver side fender (above the front tire) and the insurance is saying it’s 50/50 for not maintaining proper lookout and claimed my car hit their insureds car. It just doesn’t make sense if the damage is on my fender that they could say I hit their vehicle? The adjuster also indicated there was a curve or turn near the intersection which is not true and I even provided photos of the intersection for her to review. I asked to have the claims manager call me but any advice on how to handle?

    Car ran a stop sign and hit my car who did not have a stop sign and insurance is claiming 50/50
    byu/One-Dealer-6593 inInsurance



    Posted by One-Dealer-6593

    7 Comments

    1. bigbamboo12345 on

      escalating to the supervisor is the right first step here; sounds like a noob adjuster that doesn’t quite understand how this all works

      that said, they may still decide to put 10 or 20% on you as at residential neighborhood speeds, it’s not hard to argue that you should have been able to see the other car failing to stop and slowing/stopping yourself to avoid the accident

      assuming they don’t come up to 100%, best choice is to use your own collision coverage and let your insurer deal with this headache after they fix your car; you’ll get at least 50% of your deductible back for sure as it’s unlikely they’ll apportion any of the liability to you

    2. Yeah crappy insurance companies will do that, I learned the lesson the hard way and should have immediately stopped talking to the at fault party’s insurance and went through my insurance. I recommend you do the same (assuming you don’t just have something like liability).

    3. Go through your own policy and save the receipt for the rental. They will subrogate the other company and win in arbitration, including your out-of-pocket rental costs.

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