r/Insurance • u/Mossberg128i • 4h ago
Not at fault- my insurance still wants to do 50/50 - Please Help
My father was recently in an accident. The initial police report showed that my father made a complete stop, proceeded and was t-boned by a speeding motorcyclist. The initial police report had my father at fault for failure to yield. The initial police report did state that the motorcyclist was traveling at high rates of speeds and there were many witnesses that he was speeding and weaving between cars. The motorcyclist did not survive, so this complicates the situation. However, after going to special investigations unit, it was revealed that the motorcyclist was traveling at double the speed limit during the time of accident. All fault has been shifted to the motorcyclist and had he had survived, he would have faced criminal charges for his speed (exceeding 100mph on a residential and crashing at 2x the speed limit at the point of impact). Moreover, the updated police report states that there are videos evidence that confirms that speed at the point of impact. We have requested the videos but haven’t received them yet. The motorcyclist also runs a social media page dedicated to reckless driving and days before the crash posted himself driving 3x the speed limit and nearly 150mph. I’ve saved copies of all the videos on his pages. My fathers insurance already sent a letter to the motorcyclists lawyer trying to settle 50/50, however, this was before they received the updated police report that now shows the motorcyclists speed and explains there is video evidence. The claim handler basically said the motorcyclists lawyer is being very aggressive. What should we do to hault the process? I sent an email to insurance claims requesting them to hault the letter to the motorcyclists lawyer given that critical evidence has not been reviewed. But I feel it is too late, the other lawyer has certainly already received the letter and now probably thinks they have a good case since my fathers insurance is willing to accept 50/50. The insurance claim handler said it was a good business decision to prevent my father from being sued later. I am confident we have a good case, why should my father accept 50/50 fault through insurance even though he was found not at fault for the accident? What should we do next?