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.

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Personal Injury Lawyer
  • Wyomissing, PA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.