I had an accident in a rental car and I didn't take the additional rental insurance (I thought I was covered under my personal auto policy). I had to pull off the interstate and was sitting in the median when some guy ran off the road, traveled for about 300ft and smashed into me. We called the police and exchanged info. His insurance company is only paying for half of the damages and they want my insurance company to pay for the other half. My insurance company has refused to pay for the claim. I think his insurance company should pay 100% because he hit me. Now the rental company wants to sue me for the other half of the damages. I took pictures when the accident happened and he is clearly at fault. I've even sent the pictures to his insurance company. Can someone pleeeeeease give me some advice?

His insurance company is off base. If you were off the road and standing still, then there is no way you are at fault. But, if they refuse to budge, then you are going to have to sue them. Which means is you are going to have to pay the rental company out of pocket until you collect from his carrier.

Why does your carrier refuse to help. If there is a question of liability, they should cover you for 50% and then sue the other carrier for the difference.

What do the police reports say about fault?

They are saying they will not cover the rental. The insurance company is Safeway and I've recently read that they are a horrible company. I've also asked them to mail me a copy of the policy booklet. The Mississippi state troopers office didn't say who was at fault even though it is clearly obvious.

WHY won't they cover the rental? It could be that your policy doesn't cover it, but they just can't say we won't cover you.

I agree with Scott's last statement that they have to give you a reason for not covering you based on what is outlined in your policy.

You said you thought you were covered by your personal auto policy, did you check this out before you declined the rental agency insurance? The coverages that you carry on your personal policy often dictate if the policy is transferrable to a rental vehicle. If you did not meet those guidelines then that may be why Safeway isn't covering this incident.

If that's the case, then you can pay the 50% back to the rental company and then sue the other driver to recoup your losses.

EDIT: I forgot to address the other part of your post where you have determined that the other driver is at fault. The other insurance company should've given you a reason why they said you were partially at fault. What did they say? Pulling off onto a shoulder is different than pulling onto a median and perhaps that's why they are only paying half. Tell us what statement they gave you as to why they made this decision.