Ask an Attorney a Question for FREE!
Settlement dispute with Farmers Insurance
My husband was involved in a traffic accident at an uncontrolled residential intersection. He was traveling west to east on the "apex" of the road and had entered into the intersection.
The other driver was traveling south to north on the cross street. My husband had already entered into the intersection when then other driver entered the intersection and did not attempt to stop or avoid the collision.
My husband struck the other vehicle on the drivers door. The police technician at the scene stated that the other driver was at fault, but, according to the insurance company, the police report was "inconclusive".
Of course the other driver stated that he was in the intersection first, and Farmers has determined that since the police report was inconclusive that my husband was 80% at fault. The adjuster determined that my husbands Toyota pick was totaled.
Their settlement was Actual cash value: $2,273 + Sales tax: $113.27 + License Fee refund $18.00 - Salvage Value $900 - 20% Liability $1,203.42 for a check that totaled $300.85. They made the determination on their own that they were not going to pick up the vehicle and issued a salvage title.
I questioned them about it, and they say that it is their policy that if they are accepting full liability, they don't pick up the vehicle. My question is, can they do this.
Well, it depends what California law states about this (beyond what Farmers policy may be). Do they have to pick up the truck? If they total it, then they would to give you the option and they would have to adjust the payments. However, California may allow them to do this.
At this point, you probably need to talk to an attorney or talk to the California DMV and/or the Department of Insurance for a better answer.
Regarding the settlement, only you can settle the claim! You can argue that fault is not 80% 20%, but 70% 30%. It's a negotiation. See our section on fault for more information
Please see more answers to recent personal injury and auto accident questions below:
For a Free Review of Your Case