I parked by a fire hydrant and her car insurance only wants to pay 90% even though it is her fault 100%.?

Question

My unattended car parked by a fire hydrant (for a few minutes) adjacent to my neighbor's driveway. She backed into my car and destroyed the headlight, bumper, fender, etc.

At first she wanted to pay cash, but that's only if I used HER mechanic. Since I did not want 'junkyard parts' on my car I did not comply.

Now we are going through her insurance. I filed a claim with her insurance, and her insurance said they will only pay me for 90% because I was illegally parked. That is their policy.

I do not want to do this, because her insurance will get the other 10% from my insurance and this will increase MY premium. I feel this is very unfair. It was her negligence.

What do I say or do? I want 100%, not 90%.

Answer 1

You were illegally parked. This is called "contributory negligence". If you hadn't parked there, we wouldn't be answering this question. Under the circumstances, I think 90% is a pretty good settlement from the other insurance company. They could have only offered to pay 50%.

Answer 2

I agree with Helen!! Get what you can from insurance and take her to court over the rest!!

Answer 3

As others have said, take 90% and take the other party to court for the other 10%

or, as L&L has stated you could complain to the Insurance commissioner but if it is anything like the FOS in the UK you could be in for a wait.

Answer 4

Seems to be a rather high percentage of negligence they have found on you.    

The only recourse you really have is to go through your own insurance company.  They will pay you in full less your deductible unless your policy allows them to waive it.  Since you are not at fault in the accident, it is very unlikely your insurance will go up.  Even if they only collect 90% from the other party.

You could file a complaint with the Insurance Commissioner, but generally they do not do much.   The insurance company may increase their offer to avoid having to reply to the complaint.  It is quite a cumbersome task.

Answer 5

Tell YOUR insurance company about this.  They will take care of the negotiations.  This IS what you pay THEM for. And just for the record, they are trying to fleece you.  But, if they report this, you will be cited for illegal parking and will have to pay a fine. But, like I said, let your insurance company handle it.

Answer 6

Take the 90% from your insurance, and then take her to court for the other 10%.

Answer 7

contact your insurance company and let them talk to the other company(that why you pay the premiums). Just make sure the claim is on her policy. if it is her fault then it will not increase your premium or effect you in any way(NOWADAYS)

You have paid for your insurances company's lawyers to assist already  why not use them?

Answer 8

How many times are you going to ask this??

"MY premium"

You were offered CASH but didn't give a fig about messing up her insurance record so now you get yours messed up and it's only Karma that goes round.

Next time if you want to do things by the book don't park where you shouldn't.

Take your responsibility you wingeing yank.

and stop saying "I want 100%, not 90%." you sound like a Brussels Sprout would.

Answer 9

that's the third time you ask this and it's the tthird time I say that bad Karma is coming back to bite your @ss

Answer 10

If the amount of the total repair cost is within the jurisdictional maximum in your state, you can take her to small claims court.

Edit to Add:  The people telling you to take the 90% from the neighbor's insurance company and then take her to court for the rest do not know what they are talking about - you cannot do that. If you accept a settlement from her insurance company, they will only pay you the money if you give them a full release of liability for their insured. You will not be able to sue her for any additional damages.