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  •  Arbitration? (1+ / 0-)
    Recommended by:
    kovie

    Ask the insurance company (nicely) what the procedure is for appealing their determination of fault. If they don't answer, call the state Insurance Commissioner. I'm guessing there is an arbitration procedure that does not require a lawyer.

    Another suggestion: Call the county bar association and see if they offer a service where you pay a modest amount (under $100) and get a brief consultation with a lawyer who does auto accident cases for a living. Or look in the phone book for someone who does free initial consultations. That way you could get a second reading from an expert on whether it's worth fighting, or whether a 50-50 split is actually pretty fair given the facts.

    If the only damages are dents in the cars, no personal injury, I wouldn't think this would do a lot of damage to her driving record or insurance premiums. But that depends on how it's coded in their system.

    •  Thanks, good suggestions (0+ / 0-)

      Obviously you have no way of knowing this, but the facts are on my mom's side, based on what she told me. The problem is that the other driver has given a different set of facts that are going to be difficult to disprove because of a lack of direct evidence or witnesses, so even though a 50-50 outcome might be her best option, it just feels unfair, not to mention she's out half the cost of repairs.

      Plus, we're both pretty stubborn people who don't like to give in when we feel that we're right and have been wronged, and are both inclined to fight this just out of a sense of justice, even though from a practical point of view it's probably not the best use of our time, resources and energy. Fightin' liberals! :-)

      "Liberty without virtue would be no blessing to us" - Benjamin Rush, 1777

      by kovie on Thu Nov 29, 2012 at 02:08:29 PM PST

      [ Parent ]

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