What are the terms of a 50/50 settlemet?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Dec 8, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Covina, CA

Asked on 12/08/2010

What are the terms of a 50/50 settlemet? My husband was driving on street, changed lne to far right lne. Once he was in the lane (all 4 tires in), he noticed a vehicle trying to change into his lane from his right. The other vehicle merged into my husbands lne and hit him on the passenger xtra cab section. Damage was done to my husbands truck and the other vehicles had minor damages on front left bumper. The other driver has State farm ins., who is offering a 50/50 settlement. We have GMAC who is suggesting we take the 50/50. We feelit is unfair! Please advice.

Answer given on December 09, 2010

Auto accidents are difficult to settle to everyone’s satisfaction.  While it sounds like your husband was not at fault in this accident, without witnesses to confirm that your husband was in the lane completely, it is a situation of his word against the other party.  The positioning of the damage doesn’t help in determining who was at fault.  Since your insurance company is suggesting a settlement, it seems they would not be interested in going to arbitration to try to settle in a different manner.

If you have witnesses, then you could try to get GMAC to work a little harder to settle more in your favor.  Otherwise, it sounds like you may have to accept the settlement offered.  You can discuss this with your agent, but there is no guarantee they can change the adjuster’s decision.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption