Auto fender bender...my insurance company wont pay their claim, Am I liable?
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no no no your fine. insurance companies disagree about liability all the time. Please dont listen to the people above who dont know what they are talking about. It cracks me up when people say "private property is no fault" - where on earth do they get this?!
What happens if they cant agreeis both parties must go through their own insurance. Then a third party (usually another insurance company) listens to both sides of the story from both companies and decides liability- then the insurance companies pay each other back accordingly. Your fine.
Whatever happens, your insurance company must defend you to the limit and requirements of your policy.
If they hold to the 50/50 split, and if the other party disagrees, then the other party will sue you (don't worry, this is not as bad as it sounds).
Your insurance company must then provide you with counsel and represent you at that lawsuit. If it is a minor fender bender, the process will be settled long before then since the lawyers will run about $250/hr. and, unless you have injured people here, after 10 to 20 hours they could have fixed almost all fender benders for that amount.
.. so... relax and let them handle it..just check up on it from time to time.
You just admitted you backed into them.Let your insurance co.handle it.
This is considered a "no fault" claim because it happened on private property. There is no fault claimed, nor do you have to state a fault. Your insurance co. will pay the 50/50 value, minus the deductable.
Absolutely...I know it sucks but you did hit her which makes you liable if your ins co wont pay. But at the same time if you have insurance they should pay, that's what you pay insurance for. Good Luck!
what does the police report say. It is up to the insurance companies involved to decide. That is why you have insurance.
Insurance companies disagree about claims all the time. What happens next is called "arbitration" where a panel of reps from other insurance companies looks at the case and comes up with a compromise which is then binding on the two parties. The panel having no interest in the case should make a neutral decision, and that can take a month. So, just wait, nothing to worry about. You bought liability insurance and you are covered, PERIOD.
la428282 and Kasey C are correct. The next step is the two companies going to arbitration. However, the other insurance company may not even do that. They may agree with the 50/50 split which will mean that each party takes care of their own damage.
Either way you are fine
If your insurance company denies her, or if she isn't happy with the offer - she has 2 choices.
1- she can go through her own insurance. Her insurance will then subrogate against your insurance. They will either agree on a liability or they will arbitrate the case in front of a third party.
2- she can sue you. If she does, call your insurance company. They will provide and pay for an attorney and your defense.
This is just an offer. If they do not pay to policy limits, they could be committing 'bad faith'. If you are sued, they must provide defense at no charge and they will then be responsible for paying the final judgement.
First, she can't sue your insurance company--she would need grounds (which she doesn't) and the insurance company isn't who she had the accident with, it was you. So...can she sue you? Sure she can, and you can sue her. You don't have to admit fault, and even if you did it wouldn't matter b/c you're not in a position to determine such.
When your insurance company says the accident is 50/50, this means you're each equally responsible for 50% of the damage.
If NJ is state that allows you each to recover your damages you are legally not responsible for, this means HER insurance owes YOU 50% of your damages, YOUR insurance owes HER for 50% of her damages. You'll need to ask your insurance if NJ is a pure comparative state, a modified comparative state, or 49% or more state.
If your insurance company wants to settle this 50/50 then there must be evidence that both of you were reversing. When it comes to parking lot accidents the story adjusters hear most often is "I had just finished reversing out of my parking stall and was stopped in the aisle when the other vehicle reversed out across from me and hit the side of my my car". So if you have 2 drivers both saying the same think what do you do? One cannot be taken over the other as more credible (only a judge has that leeway) so the insurance companies have no choice but to do a 50/50 split. Most drivers (as well as insurance companies) are happy with this decision but what else can be done. Usually both parties walk away from it and that is the last anyone hears about it. Rarely does someone sue for an accident of this type as the damages are minimal (usually).
Unless there is a whole boatload of witnesses to testify as to fault, or somebody is injured, or a vehicle is pretty much written off by a high speed impact, parking lot accidents are usually 50/50, and neither insurance company is going to bother fighting too much unless you fight the 50/50 offer. make no mistake, if you backed into the other car, it is an offer, because you caused the accident.
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