Question:

I was involved in a car accident and my attorney said the insurance company offered 60% fault of car and 100% for my injuries.  Is that possible?  I thought when they settled that it was 60% for both.

Answer:

It is somewhat unusual but certainly not impossible that an insurer would change its decision regarding allocation of fault from the property damage stage to the bodily injury stage of a claim. If the insurer is now offering 100% of your injury claim, you ought to try going back and getting the other 40% of your property damage claim (if you didn’t sign a property damage release).