Q: Hello. What is the 80% at fault policy and can I fight it?
A car hit me making an improper pass
in a subdivision. I was slowing down turning left as the other car proceeds to try and pass me on my left. The report claimed that my blinker wasn't on but it never claimed my parking brakes were on as the car was very close behind me. I didn't receive a ticket. However, the other driver did. The other party's insurance company says they were only going to give 80% of fault to the other driver because the accident could have been prevented if I had my left blinker on. I felt I had no need for a blinker because it was a one way lane.
A: It's an argument. "I think the apple is worth 80 cents. I'll give you 60 cents." Now if you were hurt contact a member of the Georgia Trial Lawyers Assn--they give free conults. Basically, if you have collision run it through your company let them hassle with the other driver. Take a photo or google overhead that shows the scene. If it looks like passing on the left would be really stupid, send it to the other persons company. You can file a claim with the insurance commissioner as they have a duty to promptly and fairly resolve damage claims. Usually though the insurance commissioners anywhere won't get involved in a percentage dispute unless there is a clear police report.
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