Question:

I was hit by a driver while I was walking.  His insurance company is claiming the fault for the accident is 50/50 even though the police report lists me as the victim and states that the driver hit me.  The accident occurred while I was in a parking lot that did not have a crosswalk and only had one sidewalk in front of the store. The driver initially stopped to allow me to cross and I stopped to allow for his car to pass.  I did not enter the driveway until he motioned for me to cross.  Once I entered the driveway, he accelerated and struck me.  I don’t know how my lost wages and medical bills will be paid with a 50/50 liability determination.  How can I be considered 50% responsible when the driver waived me to cross? 

Answer:

The insurance company can take whatever self-serving fault allocation position it wants. A claimant is certainly not bound to accept the decision of the insurer regarding fault. The only way to change that allocation decision is through advocacy based on the facts of the case. In a case like this I would generally get statements from the witnesses and submit them to the insurer to try to negotiate a change in position. If that doesn’t work, the only option remaining would be a lawsuit.