Adjuster is saying I’m 20 percent liable

[jorica]

After getting into a fender bender due to a lady merging into my lane and not checking her blind spot, the adjuster is stating that I’m 20 percent liable due to her saying she put her blinker on and I said she didn’t. This wouldn’t even matter due to me being next to her and not even being able to tell if she did so or not. How should I approach the adjuster to fix this to 100 percent.

 

[blonderr]

@jorica How is the driver of a vehicle who is already established in the lane anything other than 0% liable for this? Who cares if the merging vehicle used a signal or not? Using your signal does not grant you right of way. It's clear from the pictures that the driver of the BMW failed to check their blind spot before merging. And for those who suggest that the BMW had a turn signal on the mirror; it would also have a blind spot warning lamp on that same mirror that the driver ignored before merging into another vehicle.

 

[johnmc21]

@blonderr Yeah, this is the train I'd be on.

It's my lane. Period. Doesn't matter if you signaled, it's entirely possible I couldn't see it from the location I was in, being a smaller/shorter car and there's no evidence to the duration in which the suv even had them on before changing lanes if at all. What the photo's prove is I was in their blind spot, their car has blind spot sensors, yet they drove right into me, seeming ignoring their cars own warnings.

I would accept 0% responsibility here.

 

[ghf]

@johnmc21 Ignoring their cars own warnings?

Is your car sentient? Does it speak to you?

"LOOK OUT DUDE, THERES A CAR THERE!"

In all seriousness, SOME newer vehicles have side sensors, I personally dont know a single person who has that.

 

[johnmc21]

@ghf Do you not know what blind spot sensors are? And yes, the car that ran into OP had them.

I've had them going on 12 years now on my cars. They ARE very common if you pay attention and just watch mirrors as cars go down the road next to each other.

Why do you bother to chime in when you no not what you speak of? Go back under a rock.

 

[ghf]

@johnmc21 You didnt read my whole post it seems.

I was making a funny. its called fucking sarcasm bro. Relax.

 

[johnmc21]

@ghf No I read it, it wasn't funny. You failed.

 

[refei]

@blonderr And based on how people use signals, I'd bank on her merging into the other lane at the same time as she first signaled. Almost no chance she signaled, checked, then merged

 

[gandalfs_associate]

@blonderr Because people are stupid and believe a turn signal is a command.

 

[lowlyservantjon]

@blonderr Point

 

[imperdonable]

@blonderr I had to scroll way too far down to find this comment

This sub really baffles me

 

[pastorjoe1]

@blonderr He got a point right here

 

[doctrineofgabriel]

@blonderr Blind Spot Detection is an option so she may not have had it.

Still 100% her fault of course. The other insurance is just trying to reduce their payout…

 

[stevenhcc]

@blonderr I'm guessing last chance doctrine? Basically if you have a chance to avoid an accident you need to take it. Even if you clearly have the right of way, if you breaking or turning (safely) can prevent the accident you can be held at fault on some level.

Just spitballing BTW. Not saying I agree that it's right

 

[davelew86]

@jorica Does this adjuster work for your insurer or for the other driver's? If it's the other driver's they believe their customer over you since you (apparently) can't prove your version. If it's your company's adjuster, you need to ask why they don't believe you.

 

[jorica]

@davelew86 It’s the other persons insurance.

 

[davelew86]

@jorica There you go. They don't believe you, and they're not going to believe you unless and until you show them proof to the contrary, like a third party witness or video. They believe their customer because they're obligated to believe their customer.

If you have Collision coverage, you can go through your own insurer who will believe you and may chose to subrogate against the other guys. If you don't, your options are to accept the 80% and eat the 20% unpaid or to sue her in court and hope that you can prevail - no one here can predict if you will or not.

 

[ecrw]

@davelew86 The insurance company is not obligated to believe their customer, they are obligated to make the best liability decision that will most protect their customer. A lot of companies have failed their adjusters in promoting this myth, more so because it saves more money generally even if it sometimes leads to lawsuits and worse results ultimately for the customer.

 

[raphacam]

@jorica Nothing you can do to make them "fix" this. As Key did, with no proof otherwise, they are going to believe their client over you.

 

[ecowarrior]

@jorica bingo! and believing their client over you has nothing to do with it, theyre just trying to minimize their cost, aka responsibility by hoping youll just go along with it. also, turning on your blinker isnt a place holder, its to signal their intentions AND its still on whoever’s changing lanes/directions to make sure they can do so safely, which in your case they did not. blinker argument is bullshitting. i have never heard of a law saying blinker is the right of way or even partially right of way.