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My Vehicle Was Hit While Parked. Initially It Was Said That The Other Person Was At Fault. I Got A Letter Saying That I Am 51% Or Over At Fault. Advice?

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So on March 18th my vehicle was hit while parked on the street. (Street parking is legal on this street).

Around 6pm, my neighbor is frantically knocking on my door and telling me to come outside. I see the flashing lights and see my vehicle was hit by a 97 era Camry.

The Camry seemingly lost control after the strike and their vehicle was up onto the curb and a wheel may have been on someone's lawn. (this is probably the property damage referred. This comes up later)

Police were called and they took a report for what happened.

I decided to go through my own insurance in order to start the process sooner and get my vehicle repaired asap. Turns out the damage was severe enough and I decided to forfeit the vehicle to my insurance company as a total loss. Took several weeks, and reminder calls, but I got my payment from Insurance after about 4 weeks.

This week in the mail I receive 2 letters from my insurance company (Statefarm): One asking if there was a baby carrier in the vehicle(not sure why), and the other saying that the "investigation found I was 51% or more 'at fault'".

The Letter: "Our investigation regarding your loss determined that the driver of the your vehicle was at least 51% of the legal cause of the accident which occurred on March 18 due to failing to maintain proper control of the vehicle. California Law requires us to provide you with this written notification when an at-fault determination has been completed. Also we received documentation which may include a property damage estimate or other documents for the cost to repair or replace the damage or destroyed property. This documentation indicated the total loss or damage to property caused by the accident exceeded $1,000.00. An at-fault property damage loss in excess of $1000 may remove the California Good Driver Discount for this policy."

It goes on to say I can contact them for a reconsideration within 30 days of receiving this letter. But I wanted to do my due diligence and seek some information from the community regarding this and see if alternative or preventative action is needed before I call them tomorrow.

I think it's pretty clear that I was not at all at fault. I was not in my vehicle at the time of the incident and I was legally parked on the street.

Any advice on my next course of action?

submitted by /u/JamesonLA
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