Many persons who pick up injuries due to a car crash in which they were partial to blame believe they can’t press for a compensation claim. This is not always the case, though. As a result, we’ve made this guide to teach you how to fight a 50/50 insurance claim. Although indeed, you may not be free to pursue reimbursement if the accident was your fault, split liability/50/50 insurance claims may nonetheless qualify you for a rebate.
For example, in a roundabout accident, there is typically more than one responsible party. A court may assess who is to blame in situations like these, enabling one or more of the parties involved to demand compensation for any damage caused.
Because of the complexities of a 50/50 claim, it is usually advisable to get professional assistance. As a result, we’ve put together this guide on dealing with a 50/50 insurance claim. Come along!
How to Fight a 50/50 Insurance Claim
You are not alone if you are not sure how to fight a 50/50 insurance claim. If you disagree with your vehicle insurance company’s assessment that you are 50% at fault, you do have rights. Knowing your rights can help you make a difference in the long run if you use them.
If you disagree with the fault assessment, you have the option of speaking with the adjuster’s supervisor for an explanation or filing an appeal. You’ll almost certainly need to submit a written request to the insurance company.
You must be prepared to provide proof that you were not to blame. A Notice of At-Fault Determination will be sent to you by your insurer. If you don’t double-check all of the information in the paperwork, you’ll have to submit it back to your insurance provider for correction.
If you need help challenging a 50/50 insurance claim, you can also contact your state’s insurance department, which you can find using the National Organization of Insurance Administrators map.
What is a Liability Split Agreement?
Following the investigation of a claim by a vehicle insurance company, each person involved in the car accident will allocate a proportion of liability in the accident. It’s pretty usual for both parties to get the blame for a portion of the problem.
A split responsibility agreement is when both sides consent on their share of the fault in a 50/50 at-fault accident. In certain aspects, this means that each party is solely accountable for their vehicle damage and casualties, no more, no less. Your personal auto insurance coverage will be able to manage your claim more efficiently due to this.
An at-fault accident is when the liable party is 51 percent or over to fault for the occurrence.
The insurance industry usually evaluates this. A not-at-fault collision occurs when the at-fault motorist is 49 percent or below to blame for the damages or injuries that result. Going 50/50 can result in both parties’ insurance companies believing them to be at blame. An accident forgiveness program may be available based on your record and the circumstances of the accident.
In a 50/50 claim, what happens?
A split responsibility agreement is an official phrase for a 50/50 vehicle insurance claim once the reps have assessed liability. According to this agreement, you and the other party are equally liable for the damage and the resulting harm.
Even if you made the tiniest error while driving, a little contribution could result in a 50/50 claim. This is entirely valid if your behavior could have completely avoided the disaster. Unfortunately, in the majority of accidents, there is a divide. This creates a line in the sand to keep costs under control following a car accident.
How an automobile insurance claim gets settlement is based on fault and entirely depends on the state in which you live. In a technical negligence system, you cannot get compensation if you are even slightly at fault. Depending on what percentage of the guilt you bear, you may or may not get reimbursement under a responsibility-based system.
Personal injury attorneys would not be involved in this type of litigation, regardless of where you live. So said, there is no way to blame the other side for the majority of the responsibility. As a result, neither motorist has grounds to sue or file a claim with the other’s insurance company. Safe drivers may benefit more than those with a few blemishes on their record.
What does a 50/50 Collision Entail?
There is a slew of possibilities that can result in a 50/50 at-fault collision. Perhaps you were doing an unlawful U-turn when the other motorist failed to stop at a red light. Maybe you were racing when the other car abruptly changed lanes without warning.
You might be thinking about how your auto insurance claim will get reimbursement if you are determined to be equally culpable for the collision as the other party at this point. In most cases, if you’re committed to being 50 percent at blame for an accident, you’ll only be able to recover half of your claim’s worth. If you have medical bills, the insurance of the other party will cover half of them. The remaining balance must get coverage by your Medicare advantage plans or your medical coverage.
If your vehicle requires repairs and you have collision coverage, you may be required to pay half of your deductible. However, if you don’t have collision insurance, you’ll have to pay for half of your repairs out of pocket because the other party’s insurance only covers half of the damage.
This can become complex when a one-percentage-point discrepancy means you’ll have to pay thousands of dollars out of pocket for medical and repair expenditures. This is why it’s critical to keep a careful eye on your claim and figure out why you were assigned 50% of the blame.
Frequently Asked Questions
Is it possible to contest a 50/50 insurance claim?
Yes. The techniques listed above can help you fight a 50/50 insurance claim.
What happens when filing a 50/50 insurance claim?
If you and the other party agree to share 50 percent of the blame for the mishap that indicates you both accepts 50 percent of the responsibility. On the other side, the insurance firm will pay you 50% of the total amount of your claim.
In an automobile accident, how is fault determined?
In an automobile collision, insurance companies, not police officials, determine who is responsible. Therefore, a police officer’s ticket is not the deciding factor in determining who is at fault in a collision. However, the adjuster will consider any penalties issued when making their decision.
When you make an automobile insurance claim, you’ll be asked about what happened before the accident. When you contact, the claims adjuster or representative will ask you when the accident occurred, if anyone was hurt, and where your vehicle is situated.
You may also be requested to submit the number of the police report and the names and contact information of any third parties or witnesses. In addition, you will get notification about the claims procedure and when you may anticipate getting a call to complete your official response. All these will get evaluation throughout the claims investigation.
It’s only natural to get rattled up after a car accident. This is why claims adjusters frequently wait a few days for your nerves to calm down before collecting your recorded statement. You will only speak with your own auto insurance company as an insured party in the accident. The insurer will serve as your go-between and communicate with the opposing party’s claims adjuster on your behalf.
The claims department will decide after reviewing your statement and the statement provided by the third party. It’s best to notify your insurer as swiftly as feasible after an automobile accident. Your insurance company may appoint a claims adjuster to your case, who may arrive at the accident scene right away or evaluate the damages the next day.
Is a 50/50 split considered a flaw?
No. It is pretty typical for each driver to get an allocation of at least one fault. A 50/50 vehicle insurance claim occurs when an insurance company concludes that the drivers are equally responsible for the accident.
What is the most common reason for the denial of an insurance settlement?
One of the most typical reasons for a claim refusal is due to late submission.
In conclusion, insurance comes with various merits. And if you desire to learn how to fight a 50/50 insurance claim, the tips highlighted above will aid you immensely.
Nicholas J. Banks has been an expert in the Insurance industry for over 10 years. He is well-versed in all aspects of insurance, and he has worked on Allstate Ins Group since 2006.
He attended the University of Pennsylvania with an undergraduate degree in Business Administration, followed by a Master’s degree from the University of Southern California to further his career in Insurance Management.
His experience working with many different companies has helped him develop valuable insight into how to succeed in this exciting field, which he now shares through our blog “Pro Insurance Info.”