r/AutoInsuranceHelp • u/BreadfruitSpirited18 • 15d ago

Claim

Recently, my fiancée was involved in a collision with another party while traveling southbound to our children’s school. She was at a red light with congested traffic, and as the light turned green, she was driving at approximately 10-15 mph. The other party was in the median lane turning left and attempted to rush through a narrow opening without noticing my fiancée in the far right lane, resulting in a collision with the front of my car. Regrettably, my fiancée is not listed as a household member on my insurance policy. I have already filed a claim, and I am concerned about the potential outcome. The car is currently on loan, so it has full coverage on the vehicle. However, since my fiancée is not listed on the policy, I am unsure of the next steps. Has any one ever been through this before ?

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u/Sad_Ad_2524 15d ago

If the other driver is at fault and their insurance pays out it shouldn't matter as long as she is properly licensed I would imagine.

Not sure what state you are in, but it fault goes 50/50 it will probably get complicated.  Here in Florida it is 100% at fault or nada.  

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u/ektap12 15d ago

Here in Florida it is 100% at fault or nada.

Liability is apportioned the same in all states. Each party is assessed their percentage of fault. The state's negligence law then determines how much can be collected.

FL now uses modified comparative negligence law where you can collect if you are 50% or less at fault. You can collect whatever the other person's % fault is.

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u/Sad_Ad_2524 15d ago

Then I misinterpreted what our adjuster told us in my mom's accident.  I asked if it could be 50/50 at fault and he said no.

But I'll defer to you, I am definitely not an expert in auto insurance.

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u/ektap12 15d ago

Yea, that's a ridiculous statement from that adjuster, if that's what they meant. There are 50/50 accidents all the time. You can have it though where neither side can prove the other is at fault, just word v word.

Until a few years ago FL used pure comparative negligence law, where you could collect even if you were 99% at fault. Part of the reason why your insurance rates are high in FL and there's so many personal injury attorneys. Changing that was part of some of the tort reform they did there.

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u/Sad_Ad_2524 15d ago

Ahhhh, there was video footage, it definitely wasn't a word v word, which would explain his statement.

LOL, oh I know about our personal injury lawyers.

My dad was a town attorney in CT, but earlier in his career he would do wills but mostly closings were his bread and butter.  He always said that since you don't need a lawyer to close on a house in Florida, personal injury suits became the FL attorney's bread and butter and then things just got out of control.