The insurance company can take whatever self-serving fault allocation position it wants. A claimant is certainly not bound to accept the decision of the insurer regarding fault. The only way to change that allocation decision is through advocacy based on the facts fo the case. In a case like this I would generally get statements from the witnesses and submit them to the insurer to try to negotiate a change in position. If that doesn't work, the only option remaining would be a lawsuit.
Disclaimer - We have not created an attorney/client relationship. Please do not consider this legal advice addressing your specific case.
Insurance companies don't make money by paying out claims, so they will say or do almost anything to avoid paying out money. Get a personal injury lawyer to get you maximum compensation. Get one with a low contingency fee, less than 30%, so you are left with the lion's share of the money, not the lawyer.
Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.InjuryLawyerPhiladelphia.com
The adverse parties are claiming that you are 50% at fault for the incident and your injuries
I would have to see the police report to be able to offer you more advice or thoughts
Reducing liability with no regard to the facts whatsoever is one of many tactics used by insurance companies to delay deny and defend claims. I see this regularly. You need to agressively contest this incorrect decision and the weapon you need is an experienced personal injury attorney.
A few other reasons your claim needs an attorney:
(1) The insurance industry's own statistics confirm that once an attorney is brought in to a claim, the value goes up.
(2) Your own attorney has a duty to fully inform you of all potential elements of recovery which the insurance company claims adjuster will not take time to tell you about.
(3) Settlements are forever. This means that if you decide to accept a settlement, this is the final disposition of the case forever. Should you later need additional treatment or discover an outstanding charge you did not know about, it is too late to go back.
My office handles personal injury and accident cases in Massachusetts and New Hampshire. There are procedural and legal differences between our states, but the insurance aspects of this topic are relatively universal across the U.S.
Law Offices of Andrew D. Myers
North Andover, MA — Derry, NH
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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