thats the same way it is here in nebraska plus they have some stupid 50/50 law where they could call it for example 60% his 40% yours or visa versa. i got hosed by that law before. the insurance company made the persentage of fault just enough so that i had to pay for my vehicle and they had to pay for theirs. all because the police report said according to my skid marks i was going 41mph i was in a 40mph zone