50% seems like a lot, unless they had just pulled out in front of the other party (or there was an allegation of it with no independent witnesses).
Every state is different, most of my experience is in VA/NC, which are contributory negligence states- that means if you contribute 1%, you're completely barred from recovery. From an adjusters' standpoint, that means 'pay or deny,' knowing an improper denial would likely end up in court.
The courts look at that 1% as probably more like 5-10%, so I wouldn't deny a claim where somebody ran a stop sign and hit you, and you happened to be going 52 in a 45.
Most other states allow for reduced recovery, CA is one. So they're rolling smaller dice by saying you're 15% at fault, because they can offer to pay 85%. Old New York adjusters used to say 'legally parked and unoccupied' was the only 0% negligence claim.
And I'm not going to name companies, but there are some that are completely unreasonable as a general business practice.
Jon
Quote:
Originally Posted by Ladogaboy
My experience with adjustors is that they assume both parties to be at least partially culpable. When I was side swiped, the adjustors accused me of being partially at fault because I didn't move out of the way when the other person merged into me. I also know a couple of people who were found 50% culpable when the other party rear ended them.
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