Does it mean she is at fault?

My daughter was in a car accident where the other driver ran the red light and hit
our car. Now, his insurance states they will pay 80 percent and my daughter is
responsible for the 20 percent even after obtaining the witness’s statement on
two occasions.
The other driver was at fault for the accident police report-driver was cited.
Please help

Asked on June 13, 2016 under Accident Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Since the police report cited the other driver, who ran a red light, you should reject the insurance company's argument of your daughter being 20% liable and the other driver 80% liable.
Your only recourse is to sue the at-fault driver for negligence.  If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf because a minor cannot file a lawsuit herself.
You might also want to consider a bad faith claim against the other driver's insurance company.

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