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Automatically, if your car was legally positioned and in park, then it is 0% your fault! Even if you did a crappy parking job (which you didn't)!
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You should tell the insurance company they are 20% normal and 80% idiots.
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They will let the 2 insurances settle the accident, it happened to me. My insurance went after his insurance, because they were BSing. |
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wtf 20% your fault! oh hell naaa..... i Swear i hate this country!
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If you go through your insurance company you'll have to pay your deductible. But, your insurance company will attempt to recover their payment to you plus your deductible from the other insurance carrier. The process is known as subrogation. If they are successful they will return your deductible to you. It could take some time.
I would think that the photos of your vehicle should show the other vehicle initiating the scrap and the indentation progressing toward the rear of your vehicle assuming you were indeed stopped. The other company is assigning some comparative fault to you, they should be willing to tell you why they tagged you with 20 percent fault. FYI, to retain an attorney may cost you one third of any recovery. |
Unfortunately most insurance companies are cheap SOBs and are going to try to pay as little as possible. Earlier this year I was basically parked ( my car wasn't moving but I was in drive) and some idiot side swiped me when I was in front of the NOLA train station. I was really honest with the insurance company and told them I was in drive and the other person's insurance found me 100% at fault.
The best thing to do is to file a claim with your insurance company- they will go after the other insurance company for the rest of your money. It may take a while though. My accident was in January and I just received a letter that the process can take up to a year. Its frustrating, but at least you will eventually get your money back! |
UPDATE: Well it finally got settled last month! It only took progressive insurance (mine) seven months to get the damn litigation done! Their "insurance court" finally found the stupid b**ch at fault and saw through her lies! This has been an ongoing BS session since July of LAST YEAR! One problem though, progressive insurance has no insight what so ever! I now have to work with liberty mutual to get a rental for the duration of the repairs because my insurance company didn't see the four days reported to them by their own repair facility! Low and behold they still tried their "only 80% at fault" BS with me and I told the guy that he better check his records again and call me back, and if he called me one more time trying that crap I would slice open the back of his neck, pull his tongue out through the hole and hang him with it! Needless to say he called me back an hour later apologizing and asked where I would like to get a rental from.
About damn time! If you have progressive insurance I highly recommend you find someone else like me because they really don't know their job from their elbow. |
Get crunk
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State Farm FTW!!! And if you're in TX, PM me, and I'll tell you who to go to |
I have USAA. They are the best ever. I will hold onto USAA like grim death.
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I remember I t-boned someone that pulled out in front of me in my SRT and the insurance company tried to tell my I was partially at fault (10%), because I was on the road. Luckily we didn't have to fight it, because the girls Dad cut me a check for what I would have had to pay. I hate how the insurance companies try to screw you like that. :mad: |
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