Expert: Doctor Settlement - 5/8/2007

Question
I was rear ended about 2 weeks ago, I was in the left lane and signaled to
make a lane change to the right lane, when I got into the right lane and was
coming to a stop because of a traffic light the guy behind me decided to jump
into the left lane where I was previously.  He hit my rear left bumper.  he
pulled to the side admitted fault.  There was no damage to his car.He
originally wanted to take care of my the damages himself but then changed is
mind and decided to go through his insurance company.  Now is insurance
company claims that we both were at fault and wants to only pay half of the
repairs.  If I admit fault won't that go on my record and make my premium go
up and why should I have to come out of my pocket considering he hit me
from the rear.  Isn't that an automatic at fault.  How can I fight this?

Answer
Dear Judy,

You are correct in that if you allow yourself to be dragged into this, it will be an at-fault accident that will raise your premiums.  I am guessing that his company might look to your company for some of the costs to repair his vehicle.

Just to get the ball rolling for repairs, open a claim on your own collision coverage and then you will recover your deductible from the tortfeasor's carrier.  

You are the victim of a recent change in adjusting philosophy, and I will show you how to fight it.  But first, an introduction to what the insurance industry hopes will become a frequent occurrence: tagging claimants with comparative negligence.  

Here is how it works.  If they claim 50% negligence on you, they will be happy to have you fight it and eventually agree to 20% negligence on you.  Thus, they can reduce the value of your claim by 20%!  Done all across the land, thousands of times a year, and this tactic will produce yet higher profits for one of our wealthiest industries: insurance.

Insurance adjusters are under increasing pressure from the executive level to reduce costs by claiming comparative negligence in as many cases as possible.  Susanah Frame of KING 5 TV in Seattle did an investigator's special where they actually had a document from the insurance supervisor instructing the adjusters to go forth and make claims of negligence even when they were not justified.  

Fight it like this:
1. Make all communications in writing.

2. Write a note to the adjuster IMMEDIATELY, and tell him that you REJECT any suggestion of any negligence on your part, and that you will be reviewing the situation to provide a more detailed response soon.

3. Write a letter to the tortfeasor directly in which you remind him that at the time of the accident he admitted fault and wanted to take care of the matter.  Tell him that now the adjuster is denying that and trying to attribute fault to you.  Ask him whether he changed his mind and denied fault to the adjuster, or whether (as you suspect) the adjuster is making this up.Tell him that since some part of the at-fault accident is already attributed to him, it will not impact his insurance whatsoever if he tells them the truth.  Thus, ask him to contact his company and tell them that he was at fault.

4. After a few days, make your proof letter to the tortfeasor's adjuster and in it submit more proof for your side.  One thing that you can discuss is the on-site admission by their insured.  This is inconsistent with the position of the company.  Hence, we have to trust the at-scene admission because of its spontaneity.  It is less susceptible to manipulation.  

5. If he does not agree, do not hesitate to complete a complaint form from your state insurance commissioner that you have filled out and sent to his supervisor.  Meantime, do get that form and send an "advance" copy to the adjuster's supervisor.  Tell her that if your bills are not paid in full, you will file it with the state insurance commissioner http://www.settlementcentral.com/links.php

That is the way to hammer back at this tactic.  If you just "go along to get along", and agree to 10% negligence, then you are not doing yourself any favors whatsoever.   You will pay more via higher premiums in the future.  

The accident scene you describe is EXACTLY the case of negligence on the part of the rear driver.  You had position and he tried to change lanes at the same time your lane was slowing.  Thus, he did not pay attention to the slowing of your lane inasmuch as he was too busy checking out the lane to the left.  Argue like that and you will win.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com