Skip to main content

How can my insurance company and another insurance company get together in mediation and decide against me And in favor for the

Cotati, CA |

Person who rear ended me in And auto accident . I was involved in a rear end auto accident when i had to hit my brakes and change lanes suddenly to avoid running into a person running across the street in front of me i was at a full stop when i was hit in the rear unfortunately in police report was made but we did exchange insurance and license info the lady that hit me insurance came looked was my car and said nothing to me but it is very obvious that my car was hit in the rear after some time had passed i was notified that i was deemed to be 75 percent was fault how is this possible when i was the one hit in the rear now i have a car that hit wrecked cant afford to fix it and an insurance company that i still pay that i consider having done nothing to help me to get any compensation

+ Read More

Attorney answers 6

Best Answer

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
Phone: 650-345-8484
Fax: 650-345-9875

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.


You need to talk to an accident attorney as soon as possible.
Even if your insurance company determined you were at fault, you may still have claims.


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 lawyer

David Mallen

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.


If you haven't already done so speak with an injury attorney locally.



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.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer