50/50 claim settlement

by Ahlisha Slone
(Galloway Ohio)

My husband was at a yellow light making a left turn, he let 2 cars pass before continuing turn, the light by that time was red, he made his turn and a guy slammed into the rear of my van, taillight and pass side quarter panel.

My husband was sited for failure to yeild, other party was not cited. Our insurance company said they were both at fault and only paid 50% of the damages on other parties car, and that it was up to us to collect our 50% off of his insurance company. I called them and they declined to pay anything, and said it was 100% of my husbands fault, because he was the one who was cited.

They didn't and won't conduct there own investigation either, stated this is there final decision. My husband is fighting this ticket, because he feels the other party ran a red light and got off scot free. We are in Ohio.

My question is, what should we do? My insurance company isn't giving us anwsers. Do we tell them to take this all to arbitration? Or do we give up?

Not to mention the cop never spoke to my husband to ask him for his side of the story, he drew up his report based on the other drivers info and cited my husband, while he had the other driver in his car laughing.

The cop even lied in the report and said my husband admitted it was his fault. Please let us know..... Thanks.....



Answer:


Hello Ahlisha,

You definitely need to talk to your adjuster have this go to arbitration. There is a clear dispute between the two parties and if the other side is representing that your husband is 100% at fault, then you must pay 100% their damages, in other words, even if you insurance paid 50%, you still owe 50%.

What this means is that your insurance company must defend you still, and this means coming to a settlement with the other carrier.

Contact the Ohio department of insurance if you feel that the insurance company is not doing their job.


Good Luck,
Auto Insurance Claim Advice
Spokane Washington