Fighting the Insurance Company's "50/50" Argument

insurance adjuster handing a pen to claimant to sign a settlement

If you've been in an auto accident, you may be all too familiar with the fact that another driver's story on the scene may change by the time he speaks to his insurance company. It is an unfortunate reality and common occurrence that at-fault drivers may admit to fault at the scene of the accident, but they will change their version of events later.

What Happens When There Are Conflicting Stories After a Car Accident?

This change of story can greatly impact your case and ability to settle your property damage and bodily injury claims. If the insurance company says it is a "he said versus she said" or "50/50 split," this means your claim now has only half the value it otherwise would. This may also mean that you won't get all of your medical bills covered or your lost wages repaid. If you know that the at-fault driver lied to their insurance company, it's important that you come forward and seek help from a professional accident lawyer. 

Can I Dispute a 50/50 Insurance Claim?

If you run into this scenario, it is important to get an experienced and aggressive personal injury lawyer to present the facts and law that apply to each specific case. This information can push the insurance adjuster to realize that their insured's story just doesn't add up. If push comes to shove, that attorney can pursue your rights in court and present the evidence to get you what you deserve.

What Happens if an Accident Is 50/50?

In Mississippi, an at-fault state with a pure comparative negligence system, when insurance companies declare fault in an accident as 50/50, it means that both drivers involved are deemed equally responsible for the collision. According to the state's legal framework, each person at fault in a car accident is legally obligated to pay for the other person's damages. However, the recovery of each driver is reduced by the percentage of fault they are assigned, in this case, 50%. This means that if you are determined to be 50% at fault for the accident, you will only be able to recover 50% of the total damages you incurred. Understanding the implications of this shared fault scenario is important, as it affects the amount of compensation you can expect to receive and highlights the need for legal representation to ensure your rights are protected and your recovery is maximized within the bounds of the comparative negligence system.

How Do You Fight a 50/50 Insurance Claim?

When faced with a 50/50 at-fault accident claim in Mississippi, a car accident victim can take certain steps to fight the determination and seek a more favorable outcome. Here are some strategies they can employ:

  1. Gather evidence: The car accident victim should collect as much evidence as possible to support their case. This includes photographs of the accident scene, damage to vehicles, and any visible injuries. Witness statements, police reports, and medical records can also be crucial in establishing a more accurate picture of the incident. When there are conflicting stories in a car accident, the evidence is often the only way to prove you are not at fault for the accident.
  2. Consult with an attorney: Seeking the guidance of an experienced personal injury attorney is essential. They will review the details of the case, assess the evidence, and develop a strong legal strategy. An attorney can help navigate the complexities of the legal system, protect the victim's rights, and advocate for fair compensation.
  3. Dispute the determination: Through their attorney, the car accident victim can dispute the 50/50 at-fault determination made by the insurance companies. They can present the collected evidence and argue that the other party involved was predominantly or entirely at fault for the accident. The attorney can negotiate with the insurance company on the victim's behalf, seeking a more favorable allocation of fault.
  4. Prove negligence: To challenge the 50/50 fault allocation, the victim must demonstrate that the other party's negligence significantly contributed to the accident. This may involve showing that the other driver violated traffic laws, was distracted, or failed to exercise reasonable care. Building a strong case to prove the other party's negligence is crucial in fighting the 50/50 determination.
  5. Pursue legal action: If negotiations with the insurance company do not lead to a satisfactory resolution, the car accident victim can file a personal injury lawsuit. With the guidance of their attorney, they can present their case in court and seek a fair judgment. Going to trial allows the victim to present evidence, call witnesses, and argue for a more favorable allocation of fault.

It's important for car accident victims to consult with an attorney who is well-versed in Mississippi's laws. This is especially true when dealing with a 50/50 fault car accident determination from your insurance company. With strong evidence, strategic legal representation, and a proactive approach, the victim can fight the 50/50 at-fault accident claim and seek a more favorable outcome that reflects the true allocation of fault in the incident.

Speak to a Mississippi Car Crash Lawyer About Your 50/50 Accident Today!

If you're worried about the cost of hiring a personal injury lawyer to represent you, you should consider scheduling a free preliminary consultation with Attorney Sullivan. He can help evaluate your claim and determine whether or not you have a case against the insurance company.

If you get hurt in a car wreck and believe that the at-fault driver is lying about their role in causing the accident, let us help. Call Gulf South Law attorney Heath Sullivan for help. #GetSerious

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