In spite of a police report that says the other driver is at fault, the insurance company ruled that my husband is 75% at fault. This conveniently gets them out of paying for any of our expenses or our car.
Their argument was that Jeff hit her in the back of the car which means he should have seen her. We have pictures and a police report that show he hit her in the front of the car. See the pictures below that show the initial contact behind her front wheel and you can see the line of red paint from our car. They insisted he hit her in the back wheel which caused her to spin which is contrary to the evidence and police report.
The other driver claims she had fog lights on and it was getting daylight. It was 6:45 a.m. two weeks ago. Jeff and the police report said it was dark and she had no lights at all. The police officer was there within minutes.
I took these pictures at 7:05, 20 minutes after the accident. My cell phone can’t take good pictures in the dark. I wish I’d had thought to get my other camera and have taken more pictures at the scene.
This picture was taken from where I was parked. It was taken at 7:42 am. The accident was at 6:44 am. It’s still a bit dark. Imagine an hour earlier.
We are hoping a complaint with the state will get this turned around. Our adjuster did not dispute any of this so did not act in Jeff’s behalf like she would have if there were two insurance companies involved. They must be trained to rule for the one with full coverage and against the one with only liability if both drivers have the same insurance. They will pay for the other car either way, but this gets them out of paying for two cars.