It is very common for an insurance company to attribute fault to a party in an accident that does not correspond with the factual circumstances of what occurred. You would benefit from meeting with a personal injury attorney in your area that can sit down with you and go over the facts of your case in detail and can advise you as to whether you have a case and the best way to proceed on your case. Most personal injury attorneys offer free consultations.
I wish you the best of luck.
Ilya D. Frangos, Esq.
Law Offices of Galine, Frye, & Fitting
411 Borel Ave., Suite 500
San Mateo, Ca 94402
Please be advised that my responses to questions on Avvo are meant for informational purposes ONLY and do not create any type of attorney-client relationship or preserve any rights and statutes relating to the individual claim.
The reason that the insurance companies are taking advantage of you could be that you are not playing on a level playing field because they have lawyers and you don't.
If you have a case, you can find tons of personal injury attorneys who will help. I added tags to increase your chance of response from an AVVO.com lawyer
David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.
Usually nothing is "decided" in a mediation. The parties discuss their positions and reasons for them but, there is nothing binding about the process. If you were injured, I would suggest retaining an attorney.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
Your company and their company probably had in interinsurance arbitration to determine fault for payment of the proerty damage. that is not binding on your claims for your deductible or rental car or other property damage; or for any injury claim you make.