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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.


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Filed under: Victim rights
Attorney answers 1


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.