My insurance adjuster says it is my fault. But it is not!
Insurance adjuster makes settlements based on their investigation about the facts. In many cases, adjusters will assess liability against their own insured if they believe their insurance is at fault.
Seldom adjusters will determine that they should settle a claim for 100% liability so they do not trigger “other issues”. For example, paying someone 100% of the damages to their car (instead of 80%) will probably deter the claimant from making a bodily injury claim (and have to pay 80% of their medical bills plus their pain and suffering).
Adjusters however a pressed to do what is best for their client (they have a duty to their own client), even if the client does not agree to what constitutes “best”. Most insurance companies have the right to settle the claim as they see fit. However, they also have the affirmative duty to do what is best for their client. They would have to explain to you why and how they are not advocating for you. Do request everything in writing.
Read more about the right of settlement clause
