insurance claim

My wife was leaving work and driving down the aisle of the parking lot where she
works towards the road. A gentlemen, was in a parking space, and as she
approached him driving in the aisle, at the moment she reached his space, he
backed out with out looking into the right front passenger side panel. A police
report was made, the office found the driver of the parked vehichle to be at
fault for the accident. We called his insurance company and filed a claim with
his insurance company. The insurance company made the decision that the fault was
50/50 and our claim will not be granted to pay for all the damage to the
vehichle. This seems completely wrong on the part of the insurance company since
all the facts point to the other driver at fault. can we sue the insurance
company to have the claim paid in full and have our car fixed.

Asked on March 25, 2016 under Accident Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

Although insurance companies occasionally dispute the police report, in your case it appears that the insurance company is acting in bad faith.
Although you could sue the insurance company on a bad faith claim, it may not be worth doing that since it was a minor accident.  Your best course of action would be to sue the at-fault driver for negligence.  
If you do want to pursue a bad faith claim against the insurance company, prior to doing that, it would be advisable to file a complaint against the insurance company with your state's insurance commissioner.


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