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wmsdem2

10 % liability due to "Late recognition of danger?"

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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.

 

 

 

 

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I don't see you having any fault.

 

There's two reasons why Allstate may have made that decision. Either or both could be at play. One is to have the opportunity to surcharge your policy. The adjuster who wrote you the letter has nothing to do with the rate policy. The other reason is to prevent other insurance companies from giving you preferred rates so you stay with Allstate.

 

File a complaint with your state's Department of Insurance and see if that convinces Allstate to reverse the decision.

 

If that doesn't work, you'll have to sue the other driver and get a judge to rule that the driver was 100% at fault.

 

Yeah, I'd be pretty pissed if an insurance company did that to me.

 

 

 

 

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The insurer has the right to accept liability in a disputed claim for business reasons.  In other words, it may accept that you are not at fault, but agree to pay the other party to "go away."  That is ordinarily within its discretion.

 

If you were paid in full by the other party's insurance for your property damage, then the insurer has already accepted 100% liability.  That admission would not be binding upon the other driver, though.  If the other driver has made an injury claim, or a property damage claim, Allstate could usually accept 10% liability on your behalf in order to resolve claims against you within policy limits.  You could, as noted by others, file a complaint with your Insurance Commissioner.  You could also potentially sue Allstate for Breach of the Covenant of Good Faith and Fair Dealing in that it accepted liability for your collision for the purpose of benefiting itself if the increase in premiums charged to you will be more than the 10% property damage it pays out.  Frankly that seems like a long shot.

 

Since your property damage claim has already been resolved, your option to sue the other party to determine fault is limited to pursuing a bodily injury claim.  Depending on the amount of medical expenses that have been billed (not just co-pays and deductibles), if any, you might be able to pursue that in Small Claims.  You could then use the fault determination to demand that Allstate remove the at fault collision from your record so that you can seek insurance without paying inflated rates.

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Thanks for responding. I considered filing a complaint with Louisiana Department of Insurance. I think you are likely correct in the Allstate wants to make it difficult for me to leave Allstate.

 

Right now I'd be willing to pay a little more to get away from Allstate. I don't really care about suing. I would just like to have that 10% liability removed from my record. 

 

 

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Just found the letter where State Farm paid the claim and stated I had 0% liability.  A did back into my neighbor's car in 2017 & Allstate paid the claim. That may also make it difficult to find comparable coverage elsewhere. Right now I'm inclined to accept a higher deductible just to get away from Allstate.

 

It was suggested that I might file a claim with the Insurance Commission. Will that make it more difficult for me to find insurance elsewhere?

 

Edited by wmsdem2

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44 minutes ago, wmsdem2 said:

A did back into my neighbor's car in 2017 & Allstate paid the claim. That may also make it difficult to find comparable coverage elsewhere.

 

No "may" about it. That accident alone takes you into a higher rate classification.

 

44 minutes ago, wmsdem2 said:

Right now I'm inclined to accept a higher deductible just to get away from Allstate.

 

I suggest shopping with a variety of insurance companies, through independent agents, direct writers and online carriers to see who can give you the best rates despite your accidents. You might even get a discount if you agree to install one of those driving monitoring devices in your vehicle. And once you get your car insurance moved see if there's an additional discount for moving your homeowner or renters policy over.

 

Shop every renewal. It's a lot of work but the rate ranking of insurance companies can change every year. The Louisiana Department of Insurance publishes auto and homeowners rate guides that potentially indicate which companies happen to be more competitive at any given time.

 

http://www.ldi.state.la.us/online-services/shop-your-rates

 

My state (AZ) does that and they are very helpful in providing a starting point for shopping around.

 

45 minutes ago, wmsdem2 said:

It was suggested that I might file a claim with the Insurance Commission. Will that make it more difficult for me to find insurance elsewhere?

 

No. There are a ton of insurance companies that will want your business.

 

 

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