The practical answer is there is probably not much you can do. If you have any witnesses to back up your story, then you should be in good shape. However, without them, it is a "he said, she said" situation and no way to really know what happened (even if you are telling the 100% truth). Typically, an insurance company listens to their insured's version of the accident (when it helps them avoid paying out on a claim) and you will not be able to prove otherwise. They are essentially offering you 50% because they do not know the truth so they split the difference. Unfortunately, proving you are right is not always easy.
Steven A. Schwartz
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 250-2072 fax