I was struck broadside by a vehicle that was charged with a stop sign violation. I wasn't to charged with anything. The other driver initially accepted full responsibility. My car was totaled & I was paid by the other driver's insurance company. (State Farm). Over 90 days after the accident I received a letter from my insurance company stating "we have accepted 10% liability in this accident. This means we will take care of 10% of the other vehicle's damages." When I called to question this I was told that (Allstate) decided that since the car that hit me crossed an empty lane I had time to take evasive actions. This was a divided highway with high curbs. My car was pushed sideways into the curb destroying both rims on the driver's side. (That's aside from the damage where I was hit). I asked who. "we" was as I had 0% liability in this accident. The Allstate rep stated "it's not going to cost you anything." That's when I became really upset and somewhat loud. Apart from the cost involved with getting another car, now I have an accident on my record where I'm being held partially responsible. After consulting with another insurance company and being quoted nearly double the rate I was paying, the other insurance company suggested I ask for a letter of experience. I didn't that mid February and was told one would be sent out that day. When I didn't receive a letter after more than two weeks, my husband called the corporate office and a letter was created.
What I received from the person I spoke with at Allstate was another letter stating "After careful review of the loss facts were have found you to be 10% responsible for the loss.."
"that was place on you due to the late recognition of danger."
I did see the car at the stop sign, but had no clue she was going to attempt to race across. In any respect, there was no place for me to go. I can't perceive of any "evasive action I could have taken.
Is there anything I can do to fight this? Has anyone ever heard of being assigned liability in an accident where only the other person was charged?
I have copies of the police report, the letters from Allstate and pictures of my car if anyone is interested.