Should I appeal my At Fault % for liability?

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My wife was recently in a car accident. Both cars were totaled. Luckily no major injuries. The claims adjuster called and said they found my wife to be 100% at fault and that they will settle with the other company within the liability limits. 

Is there a benefit to appealing the liability percentage? Will there be a reduction in insurance surcharge if it is say 60% vs 100%?

Essentially wife attempted to cross a road with no signal. The other driver was speeding however has the right of the way. Hit the car on the passenger side. Air bags deployed on both sides. 

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What's there to appeal? She's 100% in the wrong.

If the total liability exceeds your policy limits, you're going to get sued for the difference. That's where the percentage could make a difference.

That said, how are you going to prove that the other car was speeding? It's quite possible that they were not, in fact, speeding. On what grounds would you file your appeal?

mogalapr said:   My wife was recently in a car accident. Both cars were totaled. Luckily no major injuries. The claims adjuster called and said they found my wife to be 100% at fault and that they will settle with the other company within the liability limits. 

Is there a benefit to appealing the liability percentage? Will there be a reduction in insurance surcharge if it is say 60% vs 100%?

Essentially wife attempted to cross a road with no signal. The other driver was speeding however has the right of the way. Hit the car on the passenger side. Air bags deployed on both sides. 

Essentially your wife had a stop sign at the intersection and did not yield. How do you know other driver was speeding? Is there anything in the official accident report?

I don't see why it matters even IF the other driver was speeding. Unless the intersection visibility is so limited that a crossing car would have no chance of seeing traffic approaching above xx mph. And I doubt that's the case.

She should have yielded. She did not for whatever reason. End of story.

supersnoop00 said:   If the total liability exceeds your policy limits, you're going to get sued for the difference. That's where the percentage could make a difference.

That said, how are you going to prove that the other car was speeding? It's quite possible that they were not, in fact, speeding. On what grounds would you file your appeal?

  Except that will actually be for a court to decide.

Your insurer, who deals with this sort of thing every day and will pay 100% of the resulting claim, has concluded there's not sufficient evidence to stick the other driver with enough negligence to justify the cost of fighting it. They're probably right and I wouldn't expect an 80%-fault wreck (probably the best you could reasonably hope for) to carry a lesser surcharge than a 100%-fault wreck.

mogalapr said:   The other driver was speeding however has the right of the way.If their speed was high enough, it can be their fault.

xoneinax said:   
mogalapr said:   The other driver was speeding however has the right of the way.
If their speed was high enough, it can be their fault.

  I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.

alamo11 said:   
xoneinax said:   
mogalapr said:   The other driver was speeding however has the right of the way.
If their speed was high enough, it can be their fault.

  I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.

  OP needs to post the name of the roads and city state so we can check the google earth and street view

IMBoring25 said:   Your insurer, who deals with this sort of thing every day and will pay 100% of the resulting claim, has concluded there's not sufficient evidence to stick the other driver with enough negligence to justify the cost of fighting it. They're probably right and I wouldn't expect an 80%-fault wreck (probably the best you could reasonably hope for) to carry a lesser surcharge than a 100%-fault wreck.
  Once the at fault claim is large enough it usually get surcharged no matter what -- so it really doesn't matter what percentage it is at this point.

alamo11 said:   
  I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.


In a lot of cases it would be. That's a significant enough speed differential it should be apparent in physical evidence.

If the person pulling out even has sightlines to see an approaching vehicle at such a wildly excessive speed, their depth perception will not be expecting that closure rate, and you have nearly three times the stopping distance you would at the speed limit.

In the 10-15 over range you might be looking at 10-20% just as a guess. By the time you're half again the speed limit, there are very real scenarios you could be looking at 100%. If that were the OP's situation I don't believe their insurer would be handling it the way they are.

alamo11 said:   
xoneinax said:   
mogalapr said:   The other driver was speeding however has the right of the way.
If their speed was high enough, it can be their fault.

  I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.

This guy would disagree with you (from his jail cell).  

dcwilbur said:   
alamo11 said:   
xoneinax said:   
mogalapr said:   The other driver was speeding however has the right of the way.
If their speed was high enough, it can be their fault.

  I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.

This guy would disagree with you (from his jail cell).  

  And that's in MD, imagine what would happen to him if he did that in VA!

Too bad he'll only get 12 years max.  Ridiculous. 

dcwilbur said:   
alamo11 said:   
xoneinax said:   
mogalapr said:   The other driver was speeding however has the right of the way.
If their speed was high enough, it can be their fault.

  I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.

This guy would disagree with you (from his jail cell).  

  He was going 115 in a 45.... Drag racing, basically. https://www.washingtonpost.com/local/public-safety/bmw-driver-wh...
Plus, it was clearly his fault

alamo11 said:   
dcwilbur said:   
alamo11 said:     I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.
 

This guy would disagree with you (from his jail cell).  

  He was going 115 in a 45.... Drag racing, basically. https://www.washingtonpost.com/local/public-safety/bmw-driver-who-was-going-115-mph-to-plead-guilty-in-deadly-bethesda-crash/2016/07/13/b503b30a-4750-11e6-acbc-4d4870a079da_story.html
Plus, it was clearly his fault

He was going 75 at the point of impact, in a 45 mph zone, exactly what you said above, and yes, it was most certainly his fault.  If you drive like this, please just stop. 

dcwilbur said:   
alamo11 said:   
dcwilbur said:   
alamo11 said:     I disagree. If I'm going 75 in a 45 (yes, I drive like this..) and OP's wife pulls into the middle of the road it's not my fault.
This guy would disagree with you (from his jail cell).  

  He was going 115 in a 45.... Drag racing, basically. https://www.washingtonpost.com/local/public-safety/bmw-driver-who-was-going-115-mph-to-plead-guilty-in-deadly-bethesda-crash/2016/07/13/b503b30a-4750-11e6-acbc-4d4870a079da_story.html 
Plus, it was clearly his fault

He was going 75 at the point of impact, in a 45 mph zone, exactly what you said above, and yes, it was most certainly his fault.  If you drive like this, please just stop. 

he slowed from 115 to 75 . Presumably alamo11 would slow from 75 to ... 35?



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