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Both Drivers have the same Insurance company
I was in an accident when a woman coming the opposite direction turned in front of me into a parking lot. A driver had stopped and waved her over.
I was in a turning lane and hit her on the side. She received a ticket for failure to yield, and the police report states I had no contributing factors to the accident. The police officer also wrote in the notes of the police report that "Ms. _____ was at fault for the accident for failure to yield."
I thought this was a no brainer claim but we both have the same online insurance company. While my investigator feels its all her fault, her investigator wants me to take partial claim for not doing a better job avoiding the accident. It appears that they are playing a game with me to see if I am willing to take some blame.
My adjuster said since we are both with the same insurance company it may be best if I would just settle and accept 15% of the blame. (Side note, if I had not tried to avoid the accident he damage would have been much worse) I can't help but feel there is a conflict of interest here with the insurance company benefitting if we both accept some fault (deductible and increased premiums).
What are my options when the agents for both parties are sharing the same office space?
Answer to Both Drivers have the same Insurance company
For an exact answer about the recourse in your state, please contact a local lawyer.
Insurance companies get around the conflict by having two different adjusters. They also often waive the deductibles of both parties (ask your adjuster if your policy has this waiver).
However, if you are not at fault, ask for inter company arbitration. A third adjuster / arbitrator will have to decide.
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