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Auto Insurance Claims/claim when 50% responsible case

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Expert: - 8/21/2009


Question
hi,

this week when coming out a parking lot, my car's rear got hit by another guys car rear. there is some damage in my car and there is no damage in the other guy's car. The other guy's insurance agreed to pay 50% of the damage costs. Now i'm not sure if I have to claim through my insuance company or through the other guys?

which would be the better option for this case?

Answer
They are only agreeing to pay 50%.  So if you want the claim to be fully paid, you will need to go through your insurer for 100% and then let them collect 50% back from the other insurer.

Or you could collect the 50% from the other insurer, and pay the balance out of your pocket.

If you believe the other driver was 100% at fault, you could sue the other driver in small claims court.  His insurer will defend him in court.  Or you could ask your insurer to investigate and file arbitration against the other insurer.  If they agree you were not at fault, they will do so on your behalf.

There are many options and  there is no correct one - it is your choice.

Auto Insurance Claims

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Claims Guy

Expertise

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Experience

I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.

Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

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