I do NOT know the particular nooks and crannies of Virginia/Maryland law. But assuming that like MOST states, you have concepts of "comparative fault" followed in your state, then the clown "could" be 95% or 90% or whatever% at fault, in which case you could only get 95 or 90 or whatever % of your damages paid by them. It would be up to a judge/jury/arbitrator depending on your local court system to make the final fault decision if you and that other carrier cannot agree. Some states say you get nothing if you are 51% at fault. Maybe that's what the adjuster is trying to argue with you. Sounds like garbage to me.
Meanwhile, MOST states have a concept of how you MUST bring ALL of your claims in ONE lawsuit. If Virginia does that, then you cannot bring one suit NOW for your car damage and another one LATER for your injuries from the same crash. That usually means your car claim is EITHER settled on a you get screwed basis OR your car damage claim is stuck waiting for your injury claim to develop, as it's NOT a good idea to settle an injury claim BEFORE you know if you are completely healed or not. If your physical recovery takes three months, then what happens to your car claim in the meantime? Again, this is part of why some people get collision/comprehensive coverage.
If they are trying to blame MOST of the fault here on you, that is just their way of saying PLEASE get a lawyer and sue our driver. Yeah, they are FULL of BS, but that is standard behavior from many liability adjusters. Any fault on you here sounds minor, compared to the creep who drove with his hands over his eyes. Two weeks ago I went to hearing against a driver who during October 2002 did a 360 and another 180 across Interstate 5 in Portland, coming to rest pointing the wrong way blocking the left lane. Pavement was damp. My client was doing 50 in a 50 zone, did not have openings to change lanes or room to stop completely. The arbitrator put 15% fault on my client, but with procedural attorney fee claims available here, I asked for (and am awaiting word on) a $3K+ atty fee award against the lady who spun across the lanes.
Having them by the balls is a RELATIVE term. Yep, you've got SUPERIOR ammo. BUT they've got the CHECKBOOK. And the ability to drag this out forever, until you give in or sue.
Your local laws MAY include factors about getting attorneys fees awarded against the other side if you do have to go after them, as a way of punishing them for dragging their feet and screwing you over. But that does NOT mean your claims will be favorably handled by that other insurer quickly, only that maybe you get to kick them harder months (or whenever-years?) from now if this is litigated.
It's crap like how you're being jerked around, that keeps me busy with new clients. When I called you a "civilian" I meant you're NOT a professional in this field. The adjuster is. You're a frustrated amateur doing battle with a pro: NOT an even match. And you are MORE of a target here for such crap BECAUSE you're not a pro.
I don't have the time to check your local laws for you to see if my favorite tools with which to hit the insurer over the head are available to you there. I also do not know any MD/VA/DC attys to refer you to. But that's who you want to talk to about this. Otherwise, you're learning as you go and you will get VERY frustrated. And the several weeks this process will take (at least) will try your patience MORE than it has been tried so far. Blowing your composure in the meantime IS something the insurer WILL take note of, to use against you later.
PLEASE get a referral or two to someone who does plaintiff car crash claims in your area. And if you DID give a recorded statement to the other insurer, ask them for a copy or transcript. If you did NOT give a recorded statement yet, don't give one now until AFTER you talk with a local attorney first.
Talk to a LOCAL attorney. And then go get the mofo's.
