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  1. #1
    Join Date
    Apr 2012
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    Northern California
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    Default How Do You Contest an Insurance Company's Finding of 100% Fault

    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?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,063

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

    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.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,891

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

    Based on your description, regardless of the direction the other car was traveling, it was past her, when she backed into its rear end. Had they been turned around, she would have backed into their front end. The point where you could attribute negligence on their part was past.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  4. #4
    Join Date
    Apr 2012
    Location
    Northern California
    Posts
    2

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

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

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    13,891

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

    If true for this situation, I would explain to her that regardless of whether the finding is 50% or 100%, she will ultimately suffer a similar outcome.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,690

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

    Quote Quoting ambradley
    View Post
    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.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

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

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,063

    Default Re: Ins Co Says My Daughter is 100% at Fault - How Do I Contest

    Quote Quoting ambradley
    View Post
    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.

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