How can I negotiate my claim with the other insurance company?

How can I make the at-fault driver's insurance company pay to fix my car? I live in D.C. and have a full coverage insurance policy. This guy rear-ended me, so I put in a claim with his insurance company. Today I got a letter saying that since he was only 95% at fault, they would not be paying to fix my car. That is crazy! How can I negotiate with them?

Answer
I understand your frustration and confusion! Don’t worry, though; since you have collision coverage, you will still be covered. You can also let your insurance company negotiate with the other company instead of doing it yourself!
The reason that you got that letter is that D.C. is one of the few states that use pure contributory negligence. This means that ordinarily, you would need to be zero percent at fault to receive the payment. However, the good news is that this doesn’t matter when you have collision coverage on your own policy—since you have collision coverage, you should be reimbursed!
Instead of negotiating with the other company yourself, here’s what to do:
  • Contact your insurance provider.
  • Send them a copy of the letter.
Your company will work to prove that the other driver is 100% to blame, not just 95%. If they win, the other insurance company will have to pay them in full for your car from the other driver’s property damage coverage.
In the meantime, your insurance company will pay to fix your car through your collision coverage. Once they have completed subrogation successfully, they will refund you the collision deductible.
However, if you feel that your current insurance provider has not done their best for you, it is time to shop for a new insurance company!
If you are looking for better service and a cheaper rate, Jerry can help! Jerry shops with over 50 different insurance companies and delivers personalized quotes straight to your phone in seconds. If you have any questions, you can text an agent, and they will text right back with assistance!
Shannon Martin
Answered on Oct 21, 2021
Shannon is an expert in personal lines liability insurance with 13 + years of insurance industry experience. She also served as a special insurance liaison to AARP members for 6 of those years. She is a graduate of UL Lafayette and currently resides in NY with her family. Shannon is also an amateur juggler, ukulele player, and is a time travel paradox theory enthusiast.
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