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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?

avatar
Shannon Martin · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
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!
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.

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