AboutRichard Hixenbaugh Expertise Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.
Experience I have been involved in the insurance industry for over 20 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 10 times.
Education/Credentials Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.
Past/Present clients My company has done work for consumers nationwide.
Question I was recently in an auto accident. The other driver was ticketed for failure to yield. I was not ticketed. However his insurance company is stating that they will pay only 80% and I will be liable for the other 20%. They are trying that I could have prevented the accident by stopping . However, if I would have stopped I would have been rear ended. My insurance is stating that they will take care of it and we should just pay the deductible. I don't feel that this is fair since I was not ticketed . Is their another approach that I can use.
Answer Hi Kristee,
Insurance companies will often try to reduce the amount they will have to pay by placing a percentage of the liability on you. Unfortunately, there is not much you can do except try to negotiate with them. The only other alternative would be to file a law suit against the other driver and let a judge decide who was at fault. However unless you have an independent witness who could testify, the outcome would be uncertain. You should let your insurance comapny handle it. They will do the best thay can to settle with the other insurance company.