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Negligience for the way you REACT to how your car got hit?

Seattle, WA |

Highway: The other vehicle was trying to turn left into my lane and I was hit in his blind spot. He took fault for the accident. I brake hard in wet roads preventing me from hitting the side wall of the highway. Car spun out of control and in the end the car was a total loss after major damage to the front. The other vehicle had minor damage to the left side of the vehicle. Insurance company was offering 80% and now 90% after negotiating for damages. They blame 10% negligience on my part for how I REACTED after getting hit. Is that a fair assessment on how a individual reacts after not causing the accident? Thank you.

Will

Attorney Answers 1

Posted

Insurance companies are notorius for attempting to assign fault to reduce what they may have to pay when their insured is at fault. The other driver's negligence put in motion a chain of events that ended up causing damage to your vehicle. Unless your reaction was so unreasonable, the fact that you made choices or reacted in such a way that arguably might not have been the best choice or reaction under the circumstances, it still is not a basis for reducing the insurance company's responsibility for their driver's negligent conduct. I'd continue to argue for 100% responsiblity for the other driver's conduct without any allocation of fault on your part.

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