tch7
08-02-2019, 07:20 PM
Any thoughts on if there's a way to appeal this 50/50 fault determination?
My black Jeep was car A in the image, car B was a silver Jetta, on the afternoon of June 30th near Edworthy Park bridge / Angel's Cafe parking lot.
87026
Allstate says: When it comes to backing or reversing scenarios, the courts have determined that the only time a vehicle is not considered to be in reverse is when it is moving forward. When I spoke to you on July 18th (before I settled liability with Intact) you confirmed that you were not moving forward. The reason why a vehicle is not considered in reverse only when it is moving forward is because it is very hard to prove that a vehicle is not in reverse gear.
To me this seems ridiculous, and means to not be at fault I should have stepped on the gas to ram him instead of stopping and laying on the horn. Multiple witnesses but none stopped to give details, and insurance won't take into account my passenger as a witness. I've since installed a dash cam, as a video would have made it clear it was 100% the other party's fault. At the time it occurred, the other driver was very much aware it was their screw-up and apologetic, saying they didn't see me. Short of an independent witness magically appearing, or confronting the other party and trying to get them to admit fault in writing, seems I'm hooped.
Damage to my vehicle was about $1300 for a new bumper. Annual premiums will increase by a minimum of $800 based on various quotes by having this on my record. Had I thought there was any likelihood of being found at fault I never would have made the claim, and when I first reported it to them they suggested I would likely not be found at fault. They changed their tune when they called me back a few weeks later, saying they were settling it 50/50, which I contested and eventually got the above quoted response today.
As an aside, here's a record of Allstate's quality of service:
Sun. June 30 3pm: Collision occurs
Sun. June 30 4pm: Reported to Allstate, say an adjuster will follow up by July 2 EOD. Does not happen.
Fri. July 5: Call Allstate to find out why I have not been contacted. Told I will be contacted by an adjuster by Mon. July 8 EOD. Does not happen.
Tues. July 9: Call Allstate to find out why again I have still not been contacted. They can't find my claim and hang up on me when transferring me to a different department.
Tues. July 9: Call Allstate again. Get through and have to repeat everything previously stated June 30. Person I talk to takes over the file and provides me their contact info and a claim number.
Thur. July 18: Receive call from Allstate adjuster stating 50/50 fault finding. I question it. Get authorization for repair work.
Sat. July 20: I send diagram and request clarification via email.
Thur Aug 1: I follow up with request for a response/acknowledgement of my email.
Fri. Aug 2: Receive response quoted above.
My black Jeep was car A in the image, car B was a silver Jetta, on the afternoon of June 30th near Edworthy Park bridge / Angel's Cafe parking lot.
87026
Allstate says: When it comes to backing or reversing scenarios, the courts have determined that the only time a vehicle is not considered to be in reverse is when it is moving forward. When I spoke to you on July 18th (before I settled liability with Intact) you confirmed that you were not moving forward. The reason why a vehicle is not considered in reverse only when it is moving forward is because it is very hard to prove that a vehicle is not in reverse gear.
To me this seems ridiculous, and means to not be at fault I should have stepped on the gas to ram him instead of stopping and laying on the horn. Multiple witnesses but none stopped to give details, and insurance won't take into account my passenger as a witness. I've since installed a dash cam, as a video would have made it clear it was 100% the other party's fault. At the time it occurred, the other driver was very much aware it was their screw-up and apologetic, saying they didn't see me. Short of an independent witness magically appearing, or confronting the other party and trying to get them to admit fault in writing, seems I'm hooped.
Damage to my vehicle was about $1300 for a new bumper. Annual premiums will increase by a minimum of $800 based on various quotes by having this on my record. Had I thought there was any likelihood of being found at fault I never would have made the claim, and when I first reported it to them they suggested I would likely not be found at fault. They changed their tune when they called me back a few weeks later, saying they were settling it 50/50, which I contested and eventually got the above quoted response today.
As an aside, here's a record of Allstate's quality of service:
Sun. June 30 3pm: Collision occurs
Sun. June 30 4pm: Reported to Allstate, say an adjuster will follow up by July 2 EOD. Does not happen.
Fri. July 5: Call Allstate to find out why I have not been contacted. Told I will be contacted by an adjuster by Mon. July 8 EOD. Does not happen.
Tues. July 9: Call Allstate to find out why again I have still not been contacted. They can't find my claim and hang up on me when transferring me to a different department.
Tues. July 9: Call Allstate again. Get through and have to repeat everything previously stated June 30. Person I talk to takes over the file and provides me their contact info and a claim number.
Thur. July 18: Receive call from Allstate adjuster stating 50/50 fault finding. I question it. Get authorization for repair work.
Sat. July 20: I send diagram and request clarification via email.
Thur Aug 1: I follow up with request for a response/acknowledgement of my email.
Fri. Aug 2: Receive response quoted above.