what does it mean to me if the insurance co only will accept 75% of accident when it was clearly 100% their fault

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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...

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UPDATED: Jun 13, 2014

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Insurance Question from Arleta, CA

Asked on 06/13/2014

what does it mean to me if the insurance co only will accept 75% of accident when it was clearly 100% their fault I was in an auto accident 1 yr ago, it was the other persons fault, he was crying becuz he thought he killed me. I was not hurt, but my convertible was totaled. I did not have ins, but he did.now they r telling me they will only accept 75 % fault. I do have witnesses,but I guess they ( ins co. ) never got that info. They made me an offer and I dont want it, because he was 100% at fault.

Answer given on June 25, 2014

If you were in an auto accident and did not have insurance at the time, it does not absolve the other party or their insurance from payment of the damages. The responsible party must pay the repairs to the other party.If there is a police report and witnesses, you need to present these to the insurance company for reconsideration. If they still say it is not their full responsibility, you need to ask them for an explanation as to why they are not responsible. You may be able to offer a rebuttal to their position.If they continue to deny, you can ask for a supervisor to try to get further settlement offer and/or ask your agent for assistance. If all of this fails, you may have to take them to court, but it will cost you since you did not have insurance so you will have to hire a lawyer on your own.

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