Expert: Richard Hixenbaugh - 12/14/2010

Question
Hello.  I was involved in a car wreck and my insurance company has assigned 70% of the blame to me and 30% to the driver of the other car.  The other driver has now called me to complain that he shouldn't have to pay anything and my insurance should cover 100% of the damages to his car and that he will take me to small claims court if they do not cover 100% of his damages.  Is this legal?  Shouldn't his insurance company be covering the other 30%?  I thought that was the whole point of insurance!  Help!  Thank you!!!

Answer
Hi J,

Your insurance company is likely just trying to save a few bucks by assigning 30% to the other driver.

Any calls you get from the other driver should be directed to your insurance adjuster. Do not have any conversation with anyone about this claim. If you do get suit papers you need to immediately forward them to your insurance company. Your insurance company will provide you with a defense attorney to defend the case. The case will likely never end up in court. The attornies will work out a settlement. Any settlement worked out or any court judgement will be paid by your insurance company upto the limits of your policy.

So just relax. The insurance company will handle everything.

I hope this helps
Richard Hixenbaugh