Legal Question in Insurance Law in California

Re: When your insurance company handles the other guy too?

You should have the right to have an independent determination of your "fault." This will cost you in future premiums for an at fault accident.

Write the insurer and tell them you want an independent representative to handle your claim for you. If this were a lawsuit, you would be entitled to your own "independent" attorney to represent your interests, so I think the result here should be the same.

Re: When your insurance company handles the other guy too?

This is not an unusual situation. It sounds like you both have State Farm. They have a separate determination of fault unit with respect to whether you have a chargeable accident. The 2 claim reps are just trying to make their own lives easier by going 50/50. If you truly believe that this in not your fault you should sue the other driver without regard as to what any claim rep has to say. If they hire their own house counsel to represent the other insured you should scream bloody murder as the carrier can't pick sides and hire its own employees (attorneys) to defend the other insured. There is a conflict. What were your damages? Has any offer been made to you? How long ago did this accident happen? I used to defend lawsuits for the major insurance companies for 14 years. I got so sick of the games they played I just couldn't do it anymore. If you have any questions let me know. I practice in California and Indiana.