How Do You Contest an Insurance Company's Finding of 100% Fault

[ambradley]

My question involves insurance law for the state of: California

My 20 year old daughter was in a minor accident in a parking lot. She was in a one-way aisle, parked on the left side. The parking spaces are angled, not 90 degrees. Another car drove down the one-way aisle the wrong way. My daughter backed out of her spot and hit the passenger side of the rear bumper of the other vehicle with the passenger side corner of her rear bumper. I can't think of any way these two parts can meet unless the other driver was going the wrong way. Neither vehicle was seriously damaged.

My daughter's insurance company says she is 100% at fault, even though the other driver was going the wrong way. Also, because the other car was going the wrong way, they couldn't see my daughter's reverse lights, as they face the rear, and the rear of her car was angled away from the wrong-way car.

I don't understand how the other driver isn't at least 50% responsible. How should I go about trying to convince my daughter's insurance company to reconsider? And are my arguments that they were headed the wrong way and unable to see her reverse lights relevant?

[cbg]

You don't. Your daughter is an adult. If SHE wants to contest, that's up to her. YOU have no standing to do so.

[ambradley]

And if she asks me to help, I should tell her no?

[cdwjava]

My 20 year old daughter was in a minor accident in a parking lot. She was in a one-way aisle, parked on the left side. The parking spaces are angled, not 90 degrees. Another car drove down the one-way aisle the wrong way. My daughter backed out of her spot and hit the passenger side of the rear bumper of the other vehicle with the passenger side corner of her rear bumper. I can't think of any way these two parts can meet unless the other driver was going the wrong way. Neither vehicle was seriously damaged.

Unfortunately, she was backing and will almost certainly be considered the party at fault. It really won't matter a whole lot that the other party was going down the aisle the wrong way.

My daughter's insurance company says she is 100% at fault, even though the other driver was going the wrong way. Also, because the other car was going the wrong way, they couldn't see my daughter's reverse lights, as they face the rear, and the rear of her car was angled away from the wrong-way car.

That's what happens when you do not look BOTH ways, even in a one way parking aisle. What if it had been a pedestrian or a bicyclist?

I don't understand how the other driver isn't at least 50% responsible. How should I go about trying to convince my daughter's insurance company to reconsider? And are my arguments that they were headed the wrong way and unable to see her reverse lights relevant?

Unless you were a witness, YOU can't do much of anything. The insurance company really is not obligated to listen to you. Your daughter can make her argument to them if she wishes, but she has an uphill battle in this.

Either way, she is out her deductible. There is really not a whole lot of downside to being found liable by the insurance company except that they might raise her insurance rates. If they do, she can always seek quotes from other companies to see if she can get a better deal elsewhere.

[aaron]

Your daughter's insurance contract will include a provision for dispute resolution, probably requiring arbitration. She can read it and see.

[cbg]

And if she asks me to help, I should tell her no?

You can tell her anything you like. But you have no legal standing to participate in her relationship with her insurance carrier, and they are not going to take instructions or negotiate with you. With her, perhaps. With you, no. You are not their insured. It is not your policy. You do not get to "convince" them to do anything. That's HER job.