Should I dispute the insurance company's liability decision after a lane-change accident?

"I was in an accident where I and the other driver were both turning left in a double-turn lane, and the lady swerved into my lane.

The damage ($395) is below my deductible ($500) so I have to file through her insurance, but they only accept 90% liability. They said I had a clear chance to avoid the other car. Should I accept the 90% or fight it?"

Answer
“Normally, with liability disputes, it would be wise to file for damages using your own collision coverage and let the insurance companies go to arbitration to settle the liability dispute. You do not have this option because the damages are below your deductible.
Often with lane-change accidents, each company denies the other party’s claim, stating that each driver crossed into the other’s lane. They call this a word vs. word claim.
You must have had a favorable police report and witnesses. Even so, the police do not determine liability—the insurance companies do.
You can dispute the liability, but in doing so, you will risk getting a less favorable decision. It may be wiser to accept the offer, but ask your insurance company claims adjuster to be sure.”
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Shannon Martin
Answered on May 12, 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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