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Posted byu/[deleted]4 months ago

Someone backed into my friend's car and the other person admitted they weren't looking behind themselves. He gave us incorrect insurance info and when we tracked him down (Via Dashcam footage and a license plate) they are trying to claim only 50% liability. What should we do?

[deleted]

11 comments
94% Upvoted
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You can accept their offer, negotiate for something better, file a lawsuit against the driver, or go through your own insurance carrier and let them worry about it.

[deleted]
13 points · 4 months ago

Yes they both look to be at fault. To what percentage each gets, I'll leave that to the adjusters

Oh alright thanks!

Couldn't dashcam driver argue he had no place to go without risking running over a pedestrian?

[deleted]
6 points · 4 months ago

Dash cam doesn't show a pedestrian in front of them. And they could've stopped backing up.

Your friend should file a claim through his own carrier and let them Subrogate against the other party's insurance. Based on the video, your friend does share responsibility for the loss.

Liability adjuster here. Is this what the driver of your vehicle was looking at as he backed? If so and he continues to back I would also find him 30% at fault. If he saw the other car wasn't stopping he had a duty to take proper evasive action. He was farther out so I would put the other driver majority at fault but there is definitely negligence on the cam driver as well.

Auto Bodily Injury Adjuster
3 points · 4 months ago

The 70/30 is a solid and very fair offer. It won't get any better than that. I would take that and run. Your friend should have stopped and honked. The other car was there to be seen.

With that video, your insurer probably wouldn't even bother to fight a 70/30 offer. It's not worth the risk of losing in arbitration.

Auto Adjuster - my posts are my opinion only.
2 points · 4 months ago

70 on them / 30 on you is fair. You were out first but they were backing and you continued to back. Though I'd shoot for 100 on them and negotiate down.

Call your insurance company, give them the video footage and tell them what happened.

Let them fight the battle for you. After all, that is what you pay them for.

Then why have this sub?

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