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Adjuster wont accept liability

by Gina
(Nevada)

accident scene

accident scene

I was in an accident. The other party is covered by Country Insurance & Financial. I have the police report and pictures showing the other party was at fault.

My vehicle was totaled, I was injured. The adjuster is trying to get me to accept comparative negligence without identifying how he thinks I was negligent.

He even sent me an offer of 50% of my assessed damages to my car. I only had liability so my insurance company (Liberty Mutual) told me I was on my own trying to settle this.

It has been a month and Country Ins. still will not accept liability, in the meantime, I need surgery on an injury from the accident and the surgeon will not do 3rd party billing so I cant get the surgery I need and I am still driving around a smashed car.

Answer

You are in a hard spot. We are sorry to learn that. The adjuster must explain to you why you are negligent. They can't tell you that you are at fault and then leave. You have to be careful, Nevada follows the Modified Comparative Fault -- 51 Percent Bar Rule. This means that if you are 51% at fault or more, the insurance company will not pay you anything at all (for your car or you injury).

You need to contact an attorney to get this matter handle. The insurance company is probably trying to pass a fast one on you. Call a lawyer and see what they say about your fault or negligence and have them contact the insurance company. Usually we try to help people with their claims (see the 400 pages on these website), but in your case, it is better that you talk to a lawyer.

Good Luck,

Comments for Adjuster wont accept liability

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Mar 06, 2008
 Personal Injury claim advice
by: Anonymous

Hi everyone, I saw an attorney today...he advised me to not do anything until Im done treating all my injuries...then come back and he'll handle this for me....in the meantime..he gave me a word of advice that I want to pass along to all of you...if at all possible, DO NOT settle your auto damage claim separate from your personal injury claim...the reason for this is...if you have pictures of your wrecked vehicle, those pictures can be used in your defense in court...but only if you havent yet settled your auto accident portion of your claim. If you settle your auto claim and then go to court for your personal injury claim...the judge will not normally allow the auto damage pictures as evidence because it does not show damage to your body...only your vehicle...does this make sense..its kind of hard to explain...but in essence..if a jury can see the damage to your car...then they can mentally picture how badly you were injured...if they cant see the pictures ...it may work against you because they can only imagine your vehicle damage caused by your accident.

Webmaster Comment:

Thanks for the up date. We usually try to tell people not to settle the car damages before the injury. Insurance companies are way more careful with injuries than with vehicle damages. You seem to have more leverage to get your car fixed the right way if there is an injury claim.

But your lawyer makes a great point. We are glad you reported this.

Keep us up to date if you can.
Mar 06, 2008
 Country Insurance accident case follow-up
by: Gina

The adjuster (Country) wrote me an offer yesterday for 1/2 of my damages stating that both parties were trying to occupy the same area at the same time and the other party "pushed" me into the snowbank. I guess this is how his insured explained the accident to him. Im not sure. Im floored that he would swallow that explanation because I provided him with the picture that you see above and there are NO "push marks" evident in the snow. Because of the "push theory", they will not accept 100%liability. I have an appointment with an attorney today and I will keep this forum posted as to the ongoing progress of this situation. Friends have advised that I bargain with any attorney that I contract with because I have done most of their work for them already. I already have pictures, medical records, police report, comparable vehicles and the prices (according to repair estimate, my truck is totaled), etc. So happy motoring everyone...and one piece of advice..if you EVER get into an accident...the very best tool that you can keep in your vehicle is a disposable camera. USE THE WHOLE ROLL OF FILM..take pictures from every angle possible of your car and the other car and of the accident scene from all directions. If I had better pictures, I dont feel I would be in this situation. I was in a hurry when I took my accident photos because a man was ready to tow me out of the snow and he was waiting for me to finish my pictures...it was cold so I quit taking pictures way too soon.

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