I am insured by Liberty Mutual.
On 5/3 I was involved in an accident where the other driver ran the red light while I was making a left turn on a green arrow. She stated she was looking down while dialing on her cell phone. She admitted this to me, the police and the insurance company who also happens to be Liberty Mutual. But Liberty Mutual says that I am partially to blame, I should have stopped at the green light to make sure no one would run it. Because I knew there was an oncoming car I should not have assumed it would stop at the red light.
They say I must accept partial responsibility for the accident and should have to pay 15% of the claim for my vehicle if I am to claim under the other driver's policy. If I claim under my policy, I would be responsible for my deducible of $500 and not entitled to a car rental (I do not have car rental on my policy). I feel they are looking for any way not to have to pay the full amount of the claim (save money).
The police report clearly states that there was no improper action by me. That the other driver had disregarded traffic signal and inattention. It also states the driver of vehicle #1, she was pushing buttons on her cell phone and ran the red light. But this does not matter to Liberty Mutual, I am 15% to 25% responsible and they are being generous with settling on 15%.
I spoke with 3 claim adjusters and was given the run around for several days, I left message that were not returned, even to a supervisor. Each adjuster had a different reason of why I was partially at fault.
Liberty mutual is using the comparative negligence statute to say I am at fault. They told me that I would be at fault for any accident since I was behind the wheel of my car. They do not allow an appeal process and said if I was unhappy with the decision to file a lawsuit.
I have tentatively agreed to Liberty Mutual paying for 85% of the repairs just to get my car worked on. I am at stay at home mother with 3 children I drive back and forth to school. I volunteer with the schools and animal rescue, I can not be without a car. I had rented a car, but could not afford it so now I am borrowing a car.
All I want to know, is this how the insurance companies work or am I getting rear ended?
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