QUESTION

If the insurance decided that both parties are 50% responsable, what else can I do to dispute that decision?

Asked on May 21st, 2013 on Insurance - Florida
More details to this question:
the coalition happens in a parking space. I was backing up from a horizontal parking space and the other driver who was on the main road backed up his car from N to S and hit my car that was half way out of the parking space. I put my car in D, but there was not enough time to put my car back in the space. The officer gave him a ticket for "improper backing-up." Non of us suffered any injury, the only damage was to the left rear side of my car, on top of the left tire. I filed the claim with his insurance and they decided to be 20% responsible. I called my insurance to help me out and both parties had decided to be 50% responsible of the coalition repair, even though the coalition was caused by the other driver. Since I refused to be 50% responsible, my insurance explained to me that they could initiate an "arbitration process" after I repair my car. Once the car is repair the other insurance company can still refuse to pay the other 50% and it have had to stay with the debt.
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
This is a classic problem with comparative negligence claims. Unless you get someone to agree with you, your remedy may be to file suit against the guy, present your case to a judge and see what he says. Problem is this is not a clear case, so you never know what wil happen, hence the arbitrary 50% value. It also sounds like you dont have collision insurance on your car or have a high deductible, you may need to change this as relyng on other people to pay for your damages is ALWAYS super risky,
Answered on May 23rd, 2013 at 1:52 PM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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