Is it a standard policy for insurance co. to only pay 50% on a claim because they can't locate the witness?

Question

I was in a car accident that is about to be settled and my lawyer is now telling me that the insurance company will only pay 50% of the claim, since the witness who originally testified on the accident report can't be found. Please advise, does it sound legite?

Answer 1

Could be.

It would help more if we knew about what happened.

Sounds like a word vs word situation. They need the witness to break the tie. Since the witness can't be located to break the tie - they are attributing fault 50-50.

However, since you hired a lawyer and will be paying him a very large % of any settlement you get --- you really need to ask him, not us.

Answer 2

I have been through a few accidents and this definitely does NOT sound legitimate.  I have always had the insurance rep come and look at the car and assess damage and always (maybe it is my insurance) is exactly enough or a bit overestimate so I let them hammer it out with my mechanic.  Just to let you know, I have never used a lawyer.  So I hope that it is not the lawyer who is s******g you over.  See you if you contact the company yourself.

Answer 3

Depends on the circumstances of the accident,

If you are claiming from someone elses insurance it could be that the insurance company are only offering 50 % on the basis that without the witnesses you don't have a strong case in court, but they'll pay that much just to avoid court costs etc on a 'no liability' basis. If so you will have to decide whether to accept the offer, try for a higher one or go for your day in court and gamble getting 100% or possibly nothing. It is standard practice for an insurer to pay as little as possible, they are businesses not charities and will pay out as little as they legally can.

If however it is your insurance company we are talking about, then it stinks to high heaven....don't stand for it. As others have suggested, read your policy and speak to them direct, I would want to hear their reasons myself, not via a third party.

Good luck

Answer 4

No it does not sound legitimate.  You need to find out his insurance carrier and invesitgate it further.  Compare it with your declaration page.

Answer 5

That is probably not the reason why althought it could be a contributing circumstance. Without the witness statement it is possible from the facts of loss and points of impact that it would be considered a 50-50 claim. If your stories differ from each others it my turn into a word vs word claim in which everyone pays for their own damages.

Answer 6

You should be asking your attorney if the offer is fair and reasonable.   If the witness favors your version of the the accident, why hasn't your attorney tried to track them down for a statement.  

Sounds like this is a word against word accident, and without the witness, liability has been assessed at 50%.