My experience with insurance companies tells me that the insurance company will try anything to save a buck. In Illinois where I live, the law states that no person is 100% at fault. I was in an accident 3 years back where even though I wasnt at fault at all, they still determined I was 10% at fault! so they supposedly prorate the cost accorcing to percentage at fault. Your state may have different laws, but in my opinion, insurance companies are legal criminals who can do almost anything they want to.