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Last month, I got into an accident which damaged my car's rear bumper and driver side rear fender.

The car in front of me was standing in the center of an intersection, trying to make a left turn.
So, I tried to pass her by to her right, when all of sudden she made a right turn and hit my car as I was passing her by.

BTW, I only have liability coverage and DO NOT have collision coverage.

I claimed a file through the other party's insurance company, and explained the whole situation. After days of the their investigation, they told me they are not going to pay me a dime since they concluded that their customer had the right of way.

I couldn't accept their decision, and called my insurance company. My company thinks that we are 50/50 liable and they offered that to the other party's insurance company. HOWEVER, they say that even if other party's insurance company accepts my company's 50/50 offer, they are not obligated to pay me 50% of my damage. And since I don't have collision coverage, they cannot help me with anything either.

I am lost, and don't know what to do. The damage cost came out to be $1600, not much, but not small either.
Please give me any advice! Need help!

BTW, my insurance company is Geico, and the others' is Allstate.

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why is this on FWF??? you need a life 101 lesson, i can't believe i'm even wasting my time typing this. call up the 800# of the at fault insurance company, ask them who the supervisor is at the local adjuster's office that told you no (or call up their adjuster directly and ask for his/her supervisor's name and #). speak to the supervisor. if for some reason you can't get ahold of the supervisor, google for "executive email carpet bomb". you'll get links to consumerist, read them to learn how to use tricks to email/phone senior management at the insurance company.

What does the police report? Who is at fault?

The police report is pretty vague to tell who's at fault.
I am the one who got hit, on the back, so I believe the other party's at fault.
But since the police report doesn't clearly explain the situation, my insurance company offered 50/50 to Allstate.
However, Allstate doesn't even want to pay me half, and told me they aren't going to pay me anything.

Your title is pretty clear about who is at fault.
Unfortunately, the title is in conflict with the police report and the alternate party's insurance assessment.

IF the PD doesn't determine the other party to be at fault, then I believe you're kinda screwed unless you can get a court to agree with you.

screw it, i'll do the work for you.

http://consumerist.com/2007/05/how-to-launch-an-executive-email-...
senior VP info and phone 800#: http://www.allstate.com/about.aspx

http://allstatenewsroom.com/categories/26/releases/4197 (also notice phone # in upper right)
http://www.allstateinvestors.com/phoenix.zhtml?c=93125&p=irol-ir... (investor relations phone #)
http://www.allstate.com/about/annual-report.aspx/ (annual reports, see if there's some usable email addresses in there or if email addresses in format of firstname.lastname@allstate.com, etc and plug in the senior VP's emails)

anyway so call the #'s in the web pages listed, ask to be transferred to the office of <senior VP>. when their secretary picks up or you get voicemail, leave a brief message of (i'm such and such, calling about allstate claim #, allstate determined I am at fault, but I believe the decision is wrong because of <keep it very short> Would you be able to investigate this decision, my contact info is phone/email)

and then wait until next week (since it is friday) for their answer

hhkidd said: Last month, I got into an accident which damaged my car's rear bumper and driver side rear fender.

The car in front of me was standing in the center of an intersection, trying to make a left turn.
So, I tried to pass her by to her right, when all of sudden she made a right turn and hit my car as I was passing her by.


In my state (North Carolina), passing a car on the right side when they are in an intersection turning left, as you describe, and there is no dedicated left turn lane (which isn't clear from your description) is a road violation. In NC, the person in front of you has the right of way and illegally passing them on the right in an intersection would get you a ticket if a cop was there. I recommend before you try escalating this to anyone at either insurance company, you find out what your state law says, or you might find out you have escalated yourself right into having to pay the other party for the damage to their vehicle.

We need several, clear pictures of the intersection

If you are passing her by on the right, how did you got hit in the back?

pictures on intersection, google earth link, and pictures of the damage.

FWF jury is standing by.

Save you even more trouble... if the police did not ticket either of you and you aren't in a no-fault state then the insurance company will win -- 50/50 is the best you will get. (they can issue you a ticket based on your own statements or evidence and you get to argue with the judge if you disagree)

If they chose not to issue a ticket they were either lazy or didn't want to go to court if it ended in a liability/injury trial. (or they couldn't determine fault to the degree needed for a judge -- in which case the insurance company can make a decision in their own favor)

I had a questionable accident where I rearended someone who cut in front of me on ice. There was a cop who saw the accident and promptly ticketed the other driver for an illegal lane change. Otherwise it would have been at-fault for me since it was a rear ender.

honeymay98 said: We need several, clear pictures of the intersection

And even more numerous, high-definition pictures of any good looking bystanders.

hhkidd said: I claimed a file through the other party's insurance company.
When working with insurance companies, one does not claim files. One files claims.

I was in similar suitation 2 months back, I was entering main st. from strip mall i had stop sign, the other driver just refuse to stop and even after stopping my car he hit my left side front bumper and his right side front bumper, i took picutres, cops were called he did not issued me ticket and told to exchange our inu. reg. inof. etc. we both had Geico, my car was about 95% on main st. hoping Geico will hold him partial responsible they did not all they said was it does not matter the location of my car i had stop sign and hold me totally responsible spoke with adjuster's supervisor and he said same. his car had hardly any scratch and they Geico paid $850.00 pictures i took can verify but they refuse to hold him responsible

Even my cell phone does punctuation and upper case letters.



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