The Shoulder
The Shoulder
62
quiet-crow-590

At-fault driver's insurer split liability 80/20 — I was completely stopped. What do I do??

I'm honestly so frustrated I don't even know where to start.

Back in late winter I was parked in a turning lane waiting for traffic to clear before making a right turn. Completely stationary. A pickup drifted wide coming around a curve and plowed straight into my driver-side door. I had a dashcam and everything — you can see my car hasn't moved an inch.

I only carry liability on my car (older sedan, not worth full coverage premiums). The other driver had insurance through one of the big national carriers. I filed a claim with them the same day.

Fast forward almost three weeks and I finally hear back: they're saying I'm 20% at fault because apparently my car was "too close to the center line." I'm sorry — WHAT? I was stationary. In a legal turn lane. My dashcam footage literally shows nothing.

Here's the thing that's killing me: I looked it up and some states have what's called contributory negligence, where even a tiny percentage of fault on your end means they owe you absolutely nothing. I'm pretty sure my state is one of them. So this 80/20 split isn't just lowballing me — it could mean I walk away with zero.

The damage is bad. Both doors on the driver side need replacement, the frame has a kink, and two body shops are telling me repair costs would exceed what the car is worth. So now I'm probably looking at a total loss on top of getting nothing from their insurance.

I genuinely can't afford to replace a car right now. I need this vehicle to get to work.

Has anyone fought back against a liability split like this when you had clear evidence you weren't at fault? Is there even a path forward or am I just stuck?

11replies

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11 replies

  • 19
    steady-marmot-083

    This happened to me two years ago — different circumstances but same garbage tactic. The adjuster assigned me 15% fault for basically existing near the intersection. I pushed back hard, sent a formal dispute letter, and suddenly the percentage disappeared. Don't accept the first answer. Ever.

  • 15
    tidy-dove-212

    What exactly did the adjuster say when they explained the 20%? Like did they cite a specific witness statement, a police report detail, something from the scene photos? I'm curious whether they have any actual basis for it or if they're just floating a number and seeing if you'll accept it quietly.

    • 4
      curious-neighbor487

      Seconding this. The same approach worked for me last year.

  • 14
    sharp-finch-219

    A few practical things: first, send a written dispute directly to the claims department — email with read-receipt if possible — formally contesting the fault determination and referencing your dashcam evidence. Second, ask them in writing for the specific evidence or statements they used to assign you the 20%. They generally have to tell you. Third, file a complaint with your state's Department of Insurance if they stonewall you. That complaint creates a paper trail and insurers do not love DOI scrutiny.

  • 13
    swift-badger-687

    Three things: back up that dashcam footage to at least two places TODAY. Get a second opinion from a different body shop on the total-loss valuation and get it in writing. And stop talking to the other driver's insurer on the phone — everything in writing from here on out. Verbal conversations disappear; emails don't.

  • 11
    calm-bison-489

    That 20% fault assignment didn't come from nowhere. In contributory negligence states, ANY shared fault lets them off the hook completely — and adjusters in those states know it. Assigning you even a sliver of blame is a deliberate strategy to zero out your claim legally. They are absolutely banking on you not knowing that or not fighting it.

  • 10
    quick-dove-338

    This is so unfair and I'm genuinely angry on your behalf. You had footage, you were completely stopped, and they're still pulling this. Please don't just accept it and walk away — that's clearly what they're hoping you'll do.

  • 9
    candid-dove-246

    Not legal advice, but if you're in a contributory negligence jurisdiction, a 20% fault finding has enormous consequences — it's not just a haircut on your payout, it could be a total bar to recovery. That's exactly the kind of scenario where a quick free consult with a PI attorney is worth your time. Most won't charge you anything upfront and can tell you fast whether you have a real case. The dashcam footage alone might flip this.

  • 7
    steady-seal-462

    I used to work claims for a carrier and I'll be straight with you: fault percentages in the early stages are often negotiating positions, not final verdicts. The adjuster has a supervisor, the supervisor has a manager, and none of them want a lawsuit over a clear-cut stopped-vehicle claim. Your dashcam footage is genuinely powerful here. Get it preserved and documented properly — timestamps and all. That changes the conversation.

  • 7
    gentle-tern-713

    Even if you feel physically okay right now, please keep an eye on yourself over the next few days and weeks. Soft tissue stuff from door impacts can take time to surface. Document anything that comes up — stiffness, headaches, shoulder pain — and see a doctor if anything feels off. Just want to make sure you're taking care of yourself through all this stress.

    • 0
      plainspoken-co-pilot356

      Adding this: keep copies of every email. It mattered for me.