Use Your Own Insurer If Third Party Adjuster Seeks Reduction for Your Fault


 
You can make a claim under your own insurance if you have collision coverage, and your insurance company will pay the costs of repairs, less your deductible. That is probably the smart way to go if the tortfeasor's insurance company is arguing that you are substantially at fault in the accident.
 
If you do not claim under your own insurance, or if collision coverage is not available and if the other side is claiming that you are responsible for a significant percentage of the accident (say 30 percent to 50 percent), you can expect that the adjuster will try to reduce the amount of your property damage award by the percentage that he is alleging is your fault. If are entitled to $6,000 and he says you are at fault one-third, understand that he means he only owes you $4,000.
 
In this instance, it is best to use your own first party coverage and let them subrogate against the third party carrier.
 
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