How can I be at fault if I was hit by someone who ran a red light?

Question

I was hit by a kid who ran a red light and totaled her car. I have witnesses, and she admitted to running the red light to the police. I thought cut and dry, she'd be at fault, but her insurance company just called me today and told me they were only 85% liable. My insurance agent said that was nuts, and will try to fight it. Here are my questions:

How can I be found at fault 15% when I didn't do anything wrong and can prove it?

Since the other insurance said they will only cover 85%, do I really have to pay my insurance deductible to get my car back from the body shop?

Can I do anything to change this?

Would filing a complaint with the state insurance commissioner do any good?

Sorry for all the questions. I just really don't understand how they can come to this conclusion when it seems so obvious.

Thanks for any advice you can offer.

Answer 1

wow, sounds like you got your hands full.  I was a professional driver for 5 years, and i still can't think of why you'd be at fault....legaly. What did the police officer have to say?   anyway, as far as the insurance company goes....everyone involved is at fault. They look at it as it takes two cars to get into an accident. they will always try to chew you down so they try to get away with paying as little as possible. Tell them you want more money, at least get what the car is valued.  i'm not sure but you might want to look at taking her insurance company to court if you can do it; and fight for the whole amount.   you might also want to try the better business burau, i don't know if that appplies to insurance companies though., you might want to ask, as well as the state insurance commissoner, that might be a good place to start.    I hope my info gives u a good starting place.

Answer 2

did the police charge anyone? if the other person ws charged than i really am clueless as to what her ins co is doing.

i would definately contact the state insurance commisioner.

that is crazy.

Answer 3

It sounds like a scare tactic from the other insurance company. Contact your insurance company and let them battle it out between them. Don't even talk to the other insurance company if they call refer them to your agent.