I was recently involved in an auto accident in which I was not found at fault. However, at the time of the accident, I was uninsured. Now, the insurance company of the woman who was found at fault only wants to pay 50% of the costs to repair my vehicle. Do I have grounds to force the insurance company to pay 100% of the repair costs?
Whether the victim has insurance is irrelevant as it relates to his/her claim against the at-fault driver. If the insurance company takes a liability position (such as 50%/50%) and you disagree, your efforts should be focused on showing the insurer what they’re missing or where they’re wrong. A liability determination depends on the facts of how the accident happend. If you are unable to convince the insurer through negotiation, you can always file a lawsuit and seek a 100% liability judgment. However, there are no guarantees how an arbitrator or jury would decide the case.