Expert: Richard Hixenbaugh - 8/5/2009

Question
I was involved in a rear-end and a hit-and-run collision.  I was the driver of the car that hit the other vehicle from behind, but the driver in front fled the scene.  I'm not entirely sure what happened as it all happened as it all happened so quickly.  

Fortunately, a bystander witnessed the accident and chased down the other vehicle, obtaining their license plate information.  The witness also said that the driver I had hit made a right turn out of a parking lot directly in front of me.  I was traveling in the #1 lane so the driver had to pull across 3 lanes to get in front of me.  The police were able to track down the other driver and deemed her solely liable in the police report.

However the other driver's insurance contacted me today informing me that they are only accepting partial liability.  What happens at this point?  Do our insurance companies haggle it out until they agree on some shared liability?  How do they go about this?  And what are my options if I disagree with the liability deal they work out?  I have good coverage so recovering damages is not a big deal - however I wish to protect myself and minimize any increase in my premiums.

Answer
Hi Jay,

The decision to settle the claim is solely up to your insurance company. You can provide the details of what happened as well as your witness information, but the insurance company will determine the settlement. Depending on who your insurance company is and the amount of money involved will also be a determining factor. Some companies do not fight that hard, while other will go to arbitration or even court if necessary. Once your insurance comapny pays to repair your vehicle, the process of negotiating a settlement and actually receiving reimbursement could take several weeks to several months. If they recover any percentage of the claim, they will reimburse your deductibe at that same percentage.

I hope this helps
Richard Hixenbaugh