60/40 or not? Same insurance provider.

Accident happened a week ago on snow packed roads. Both vehicle have same insurance provders. Farm Bureau (My Insurance) Son pickup 3 days old.

Son traveling south making righthand turn at uncontrolled intersection in housing district. Farm tractor with snow blades traveling west downhill grade slid through intersection reward and rear blade of tractor hit pickups drivers side door and cab. $5400 in damages to son's pickup, none to tractor.

Police reports states both vehicles entered the uncontrolled intersection. Surface conditions were a factor. Vehicle 1 (Tractor) attempted to stop but ended up sliding rear end/rear blade into drivers side of vehicle 2(son's pickup). No tickets issued.

Iowa code 321.319 states when two vehicles approach an uncontrolled intersection at same time, vehicle on left shall yeild right of way.

Claims filed by both insured.

1st response from my ajuster was 50/50. I said no

Where I am at now is both adjusters and my adjusters supervisor, have agreed to a 60/40 percent fault which I still don't agree with. They seem very eager for me to bite.

My adjuster also wants me to put it through on my insurance and then she'll recover.

Their big reasoning is, although my son had right of way and stated to them he did look both ways be fore his turn "he still did not see the tractor".

I suggest if they where at intersection at same time this would have been a frontial collision.

Oh, it took me three days of argument to convense my adjuster that there is a deductible waiver!

I'm at my witts end. Any suggestions?

RICK

Answer:

Hello Rick,

Well a statement of not seeing a tractor is damaging (there is a duty of lookout, regardless of who has the right of way). This may give you liability. The question is how much? 0%
10% 20% 40%? that is up to you and your adjuster to decide.

Adjusters are often difficult to deal with. Do consider talking to an attorney.

Good Luck
http://www.auto-insurance-claim-advice.com/