What Should You Do When State Farm Only Offers 80% in an At-Fault Accident?

When your insurance provider, State Farm, only offers 80% in an accident where the other driver was at fault according to the police, you might feel disappointed or even taken advantage of. However, it's important to understand that State Farm is likely assessing you 20% of fault.

Understanding the 80/20 Split

State Farm's offer of 80% may come from the belief that, as a policyholder, you could have done more to prevent the accident. They are basing their assessment on the concept of contributory negligence, which means they are reducing your compensation because you are partly at fault for the accident. This can be frustrating, but it's not uncommon in many accidents where both parties may have contributed to the collision.

It is rare that one party is entirely 100% at fault, unless the other driver is parked or you have rear-ended a vehicle. Even then, it's not a straightforward 100% fault situation, as there might be other contributing factors. The police report may highlight these factors, but the final determination of fault and a percentage of negligence lies with the insurance company adjuster.

The adjuster for State Farm would consider the accident report and any other relevant information to assign a percentage of fault. This is why State Farm is only offering 80% in damages. Filing a lawsuit to push for full compensation would be very costly and time-consuming, and even then, you may not recover all your losses.

What You Can Do

The best course of action is to focus on your own insurance claim. If you have collision coverage, you can put the claim through your own insurance company. This can save you a lot of stress and money, and you won't need to worry about the other party's insurance company and the potential disputes that come with it.

In most states, insurance companies can only surcharge for an at-fault accident if you are 50% or more at fault. Since the assessment is only 20%, fighting it would not be financially worth it. Insurance companies are typically more lenient when the percentage of fault is less than 50%, recognizing that accidents can happen even when a driver is not entirely at fault.

Case Study - Contributory Negligence in the UK

In the UK, particularly in England, it is possible for a claimant's damages to be reduced due to contributory negligence. A case I studied during my law degree involved a passenger who was involved in an accident. His damages were reduced by 25% because he was not wearing a seatbelt, even though it was not mandatory at the time. If he had been wearing a seatbelt, the injury might have been less severe. As the passenger chose not to wear the seatbelt despite knowing the risk, he was found to have some level of contributory negligence.

Similarly, I have heard stories of cases where insurance companies reduced damages for similar reasons. However, it's crucial to note that these cases have specific facts and circumstances, and without knowing all the details of your own case, it's difficult to provide a precise assessment.

Actions and Considerations

If you are currently dealing with State Farm and they are only offering 80% in damages, here are a few steps you can take:

Check Your Insurance Policy: Review your own car insurance policy to see if you have collision coverage. If you do, you can file a claim with them to potentially cover the full extent of your losses.

File a Non-Chargeable Claim: You can file a non-chargeable claim with your own insurance company to start the process of recovering the full cost of the damage. Let your insurance company handle the dispute with State Farm.

Consult a Legal Expert: If you feel that the assessment by State Farm is unjust, consider consulting a legal expert who can offer advice on the best course of action. They can help you understand your rights and provide guidance on whether pursuing a lawsuit is a practical option for you.

Remember, the goal is to protect your financial well-being and ensure that you receive fair and adequate compensation for the damages you have suffered. Filing a claim with your own insurance company can streamline the process and provide you with better peace of mind.

For more information on insurance claims and legal advice, visit the websites of reputable insurance companies and consult with legal professionals.