What are the terms of a 50/50 settlemet?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 8, 2010

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Insurance Question from Covina, CA

Asked on 12/08/2010

What are the terms of a 50/50 settlemet? My husband was driving on street, changed lne to far right lne. Once he was in the lane (all 4 tires in), he noticed a vehicle trying to change into his lane from his right. The other vehicle merged into my husbands lne and hit him on the passenger xtra cab section. Damage was done to my husbands truck and the other vehicles had minor damages on front left bumper. The other driver has State farm ins., who is offering a 50/50 settlement. We have GMAC who is suggesting we take the 50/50. We feelit is unfair! Please advice.

Answer given on December 09, 2010

Auto accidents are difficult to settle to everyone’s satisfaction.  While it sounds like your husband was not at fault in this accident, without witnesses to confirm that your husband was in the lane completely, it is a situation of his word against the other party.  The positioning of the damage doesn’t help in determining who was at fault.  Since your insurance company is suggesting a settlement, it seems they would not be interested in going to arbitration to try to settle in a different manner.

If you have witnesses, then you could try to get GMAC to work a little harder to settle more in your favor.  Otherwise, it sounds like you may have to accept the settlement offered.  You can discuss this with your agent, but there is no guarantee they can change the adjuster’s decision.


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