If I was in an auto accident for which the other party was cited for running a stop sign and not having the right of way, can I be held partially responsible?

The other party’s insurance lead says they’ll accept 90% liability if I take 10%. They claim my 10% is due to improper look out as they say the accident could have been avoided if I were to have properly scoped the area while driving since I hit them. How can I be held liable 10% if i was going my right of way and the highway patrol units held them 100% responsible on the police report? The other party are now claiming injury after telling the highway patrol and fire department they were fine on the scene. I don’t want to be held 10% liable for any hospital bills there may be. By the way, we both have the same insurer.

Asked on October 19, 2014 under Accident Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The insurer is trying to apportion liability and maybe even trying to deal with some internal reporting issues.  There is a theory called avoidance to apportion liability but sometimes that is not really possible given the speed of the other vehicle, etc. So I would stick to your guns here and if the company pushes you I might file a complaint with the state insurance department.  Good luck.

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