Collision/ Insurance Claim Unfair

Hello everyone,

I dont know where to turn for advice. A few months ago my partner was in a car collision in which the other driver failed to yield the right of way. The driver drove their car in front of my partners and caused the collision. My partner was able to take pictures and everything. However, GEICO insurance says their insured driver is 60 percent at fault, and my partner 40%.

We truly disagree with the 40% fault because the other driver was careless to cross our path.

The 40 percent fault is stated as :

" The driver of your vehicle failed to adhere to the California Driver Handbook with regard to scanning surroundings and failed to keep a safe distance around the vehicle to avoid a collision"

Their driver:
"Also the driver of our vehicle failed to yield right of way while entering traffic and collided with your vehicle which contributed to the collision"

If that car hadn't crossed my partner there would be no collision. They are doing their best not to pay for the damages like they should. My partner has liability insurance. How should we dispute this bogus conclusion?

There is an option to disagree with the claim and let them know we are unhappy with their conclusions. We have stalled on settling for 40 percent fault because it would incrue a possible point on our insurance and cause financial loss.

A lawyer said that Geico is known for doing this shady 60/40 BS

Always work with YOUR insurance company when dealing with claims. Remember, Geico works for them and will do their best to protect their customer. Your company will be well suited and more equip to fight them, not worth your time.

Unfair yes...

This one time I worked with another insurance and their soundrels(lawyer worms) tried to use baited/loaded questions to try and get us to admit fault. None successful. I was not expecting to be treated this way, and they were quite rude.

That's true if you have full coverage. If you only have liability then you're kind of at the mercy of the other insurance company.

Hey guys I have an update,

I wrote to the insurance company from my partners email about a week ago. I let them know that we were not going to settle for 40%. I wrote a polished email. I let them know I can see right through their tactic. I let them know that I got legal counseling, and still have the broken car. I said that I cannot settle under those terms and that if there are no changes in those terms I will be forced to take time off from work and consult a lawyer for further action.

In the body of the email I wrote about just how wrong it is to disobey a traffic sign (their driver). I reiterated all of those points on how we were not at fault at all.


Today my partner got a call that said they will be taking 100% responsibility for the accident.

I am so relieved.