Expert: Bennie719 - 2/25/2008

Question
My daughter was involved in an auto accident where another person pulled out in front of her. The other driver admitted to being at fault. My daughter stated she was going 25mph in a 20mph zone (which she was NOT cited for speeding in fact was not to blame for the accident at all). The ins co is now claiming they will only pay 80% of the value of the auto. Which I do not think is fair since she was not at blame. The other driver pulled out in front of her. Please advise as soon as possible!
Thank you!  Mindy

Answer
Hi Melinda,
In most states, the insurance law is based on comparative negligence.
Even though your daughter was not cited, her admission of speeding can be considered a contributing factor.  In the eyes of the other insurance company, she might have been able to stop if she had not been speeding and the amount of damage would be less from an impact at 20 MPH as opposed to 25 MPH.
It is the intent of the adverse insurance company to pay the least amount possible to settle the claim.
Assigning 20% blame to your daughter seems excessive to me.  You may be able to negotiate a 90% settlement by being firm with the adverse insurance company.  Due to your daughters incriminating statement against herself, you will not be able to receive 100% compensation.
The old adage "anything you say can and will be used against you"
also applies in an auto accident.
I hope this information has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area