Expert: Charlie Barone - 7/31/2009

Question
I am trying to settle my auto claim from last year.  The at fault drivers insurance adjuster are separating my medical from the property damage.  Is this common?  I had a rental for $806 and damaged my some clothes I was wearing in the accident.  How do I handle this?  The two insurance companies went to arbitration and decided this is 80/20 fault.  I have read not to accept the 80% if I believe I was not at fault at all.  
Cars were heading in opposite directions and he made a left turn in front of me causing me to hit him.  The light was yellow and they are trying to use that against me.  I have a very strong witness statement though.  
Should I try for a diminished value at this time?  I wouldn't want to settle the property side without that would I.

Answer
As for the fault in the accident, I can't offer you any help in that respect. But get your witness to put a statement in writing and assemble your defense as if you were a lawyer preparing for trial. Then submit the claim to the liability carrier and make as compelling a case as you can.

It is common for insurance companies to separate the bodily injury claim and the property claim. As for the clothing claim, just document by invoice or sales information from a store that sells the same item and submit it along with a letter to the other party's company.

And yes, by all means, go for the DV claim, even if it is only for 80%.