Insurance Help
12-20-2016, 08:25 AM
#1
Insurance Help
Need some help and opinions from the s2ki community. Sunday morning I was involved in an accident which resulted in my s2000 possibly being totaled. It snowed that day and I was driving home and around a slight curve my car started to spin. However, I never actually fully spun out and I just slid and made contact with a curb. Once that happened, I put my hazards on and got out of my vehicle to assess my situation. There was a guy driving behind me that slowed down and went around me and asked if everything was okay. Right as I said yes, this kid comes around heading straight for my car and ends up hitting the rear, wrecking the whole back end of my car. Police came and filed a report, however I don't have the full report yet. The officer said he won't assign faults or write citations because of the weather. Both our cars had to get towed. So I called his insurance and he gave them a statement before me and they are believing his side of the story as of now. The driver said that as he was driving, I came from the opposite lane and spun out into his lane. However this is false, we were traveling the same direction. Never did I leave my lane or face the wrong direction in my lane. With that, insurance is claiming 50/50 liability. I just don't see how it is 50/50 if I was on the side of the road, hazards on, and out of my vehicle. Even the witness driving behind me was able to slow down when I slid, he didn't rear end me. Who's fault is it really? And what steps should I take next?
12-20-2016, 08:35 AM
#2
Need some help and opinions from the s2ki community. Sunday morning I was involved in an accident which resulted in my s2000 possibly being totaled. It snowed that day and I was driving home and around a slight curve my car started to spin. However, I never actually fully spun out and I just slid and made contact with a curb. Once that happened, I put my hazards on and got out of my vehicle to assess my situation. There was a guy driving behind me that slowed down and went around me and asked if everything was okay. Right as I said yes, this kid comes around heading straight for my car and ends up hitting the rear, wrecking the whole back end of my car. Police came and filed a report, however I don't have the full report yet. The officer said he won't assign faults or write citations because of the weather. Both our cars had to get towed. So I called his insurance and he gave them a statement before me and they are believing his side of the story as of now. The driver said that as he was driving, I came from the opposite lane and spun out into his lane. However this is false, we were traveling the same direction. Never did I leave my lane or face the wrong direction in my lane. With that, insurance is claiming 50/50 liability. I just don't see how it is 50/50 if I was on the side of the road, hazards on, and out of my vehicle. Even the witness driving behind me was able to slow down when I slid, he didn't rear end me. Who's fault is it really? And what steps should I take next?
12-20-2016, 08:39 AM
#3
The officer took the witness's info and put it in the full report, which is still being processed. I've told them about the witness, they didn't say much about that. So I guess it's a waiting game for now. If things come to it, I'll be taking things to court.
12-20-2016, 08:50 AM
#4
Yea man, if you have the witness info you are golden. Don't let them asshole scare you into accepting a 50/50. If they keep on forcing you or not settle for what you want, tack on emotional distress or time wasted from dealing with all this. I'm not a lawyer but I see company get sue for stupid shit like Coffee being served too hot. If you played this right, lol you can probably get a lot of money.
12-20-2016, 12:09 PM
#6
Registered User
Hitting a fully stopped car in the rear is always the fault of the other guy who hit you, in Calif anyway. you have no right to run into someone who is illegally parked or on the side of the road. How can your company determine that you are at fault, the stories do not add up? I would talk with a supervisor, tell them you were not in the car even!
I guess I should add that I am a licensed broker in California since 1979 , I have been involved in quiet a few claims.
I guess I should add that I am a licensed broker in California since 1979 , I have been involved in quiet a few claims.
Last edited by hirev; 12-21-2016 at 09:50 AM.
12-20-2016, 10:01 PM
#7
Soo... I am one of those evil asshole insurance claim reps. I handled automobile claims for 2.5 years before moving on to property in 2015.
I handle claims in my home state of Alabama, which is a contributory negligence state. This means that if a party to an accident is at least 1% at fault for the accident, they are barred from recovery. Not many states have this law, but there are several. Suffice it to say, different state laws can differ and my experience comes from handling claims here. Also, any references to laws are for Alabama and may differ in different states. (Yes, I have to give the disclaimer) That being said, the police officer's opinion of fault is not the be all end all in terms of the insurance company's investigation. Usually the officer is not present when accidents occur, so his opinion is based on what he sees and hears on scene. I've got a claim right now where I've got to respond to arbitration because my liability decision was completely opposite of what was on the report. Of course, the other side is using the report as evidence for their argument.
Sorry if my Grammer sucks, I'm typing this on my phone.
That company's claim rep very well may be a douchebag. He might also be new or getting bad advice. Or he may still be working on it and meant that it looks like 50/50 right now. He shouldn't make a liability decision without completing his investigation. If he hasn't reviewed the police report and spoke with the witnesses, then his investigation is inadequate.
If you look at it from his perspective, he's getting two different stories of what happened and there isn't currently any physical evidence to prove which is correct. It might be determinable if they assigned an accident reconstruction expert, but they're not going to spend that kind of money for such a minor claim. He's going to stand behind his insured and is viewing liability based on word v. Word. I'd be doing the same thing right now, except I wouldn't tell you my thoughts. I'd only say "we are still investigating your claim."
if he takes a statement from a witness that corroborates your version of the accident, then you should be good to go. Though, he may try to argue that you should have gotten it out of the roadway and still assign some liability to you, but I doubt it. It sounds like you didn't have enough time.
If he refuses to take the witness statement or can't reach them, then you're better off filing a claim with your carrier instead of trying to sue. A claim rep should handle every claim as if they are preparing for trial. If he's worth his salary, he should complete his investigation and be confident in his liability determination. That being said, claim reps are people too and can come to different opinions on the same situation. Claim reps are frequently overburdened with work and stressed out too. (Taking this into consideration during your dealings can help) We've got defense attorneys on speed dial and don't bat an eye at the threat of a lawsuit. Especially not a property damage liability auto claim. Sometimes it's easier to work with a plaintiff attorney than a claimant since they are usually familiar with how things work. Here at least, plaintiff attorneys try to avoid auto PD cases. Unless you pay them out of pocket, there's no money it it for them. The value of a PD claim is strictly the actual cash value of the damaged property. It sounds like you don't have a bodily injury claim to collect pain & suffering on.
If you file with your carrier, they'll do their own investigation. Then it's up to them to collect their money (and your deductible) back through the subrogation process. The only expense to you is the deductible and possible rate increase. (I'm in the claims department, not underwriting. I'm not sure how or if rates are affected by any particular accident)
overall, based on your description, it sounds like you best bet is to wait until he gets the PR and talks to the witnesses. Then either go with it or file it on your insurance.
sorry, not meaning to sound like a jerk. Just want to tell you straight up and when I get into work mode I tend to detach myself from situations.
I handle claims in my home state of Alabama, which is a contributory negligence state. This means that if a party to an accident is at least 1% at fault for the accident, they are barred from recovery. Not many states have this law, but there are several. Suffice it to say, different state laws can differ and my experience comes from handling claims here. Also, any references to laws are for Alabama and may differ in different states. (Yes, I have to give the disclaimer) That being said, the police officer's opinion of fault is not the be all end all in terms of the insurance company's investigation. Usually the officer is not present when accidents occur, so his opinion is based on what he sees and hears on scene. I've got a claim right now where I've got to respond to arbitration because my liability decision was completely opposite of what was on the report. Of course, the other side is using the report as evidence for their argument.
Sorry if my Grammer sucks, I'm typing this on my phone.
That company's claim rep very well may be a douchebag. He might also be new or getting bad advice. Or he may still be working on it and meant that it looks like 50/50 right now. He shouldn't make a liability decision without completing his investigation. If he hasn't reviewed the police report and spoke with the witnesses, then his investigation is inadequate.
If you look at it from his perspective, he's getting two different stories of what happened and there isn't currently any physical evidence to prove which is correct. It might be determinable if they assigned an accident reconstruction expert, but they're not going to spend that kind of money for such a minor claim. He's going to stand behind his insured and is viewing liability based on word v. Word. I'd be doing the same thing right now, except I wouldn't tell you my thoughts. I'd only say "we are still investigating your claim."
if he takes a statement from a witness that corroborates your version of the accident, then you should be good to go. Though, he may try to argue that you should have gotten it out of the roadway and still assign some liability to you, but I doubt it. It sounds like you didn't have enough time.
If he refuses to take the witness statement or can't reach them, then you're better off filing a claim with your carrier instead of trying to sue. A claim rep should handle every claim as if they are preparing for trial. If he's worth his salary, he should complete his investigation and be confident in his liability determination. That being said, claim reps are people too and can come to different opinions on the same situation. Claim reps are frequently overburdened with work and stressed out too. (Taking this into consideration during your dealings can help) We've got defense attorneys on speed dial and don't bat an eye at the threat of a lawsuit. Especially not a property damage liability auto claim. Sometimes it's easier to work with a plaintiff attorney than a claimant since they are usually familiar with how things work. Here at least, plaintiff attorneys try to avoid auto PD cases. Unless you pay them out of pocket, there's no money it it for them. The value of a PD claim is strictly the actual cash value of the damaged property. It sounds like you don't have a bodily injury claim to collect pain & suffering on.
If you file with your carrier, they'll do their own investigation. Then it's up to them to collect their money (and your deductible) back through the subrogation process. The only expense to you is the deductible and possible rate increase. (I'm in the claims department, not underwriting. I'm not sure how or if rates are affected by any particular accident)
overall, based on your description, it sounds like you best bet is to wait until he gets the PR and talks to the witnesses. Then either go with it or file it on your insurance.
sorry, not meaning to sound like a jerk. Just want to tell you straight up and when I get into work mode I tend to detach myself from situations.
Last edited by vortamock; 12-20-2016 at 10:16 PM.
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12-22-2016, 05:42 AM
#8
Don't lose faith. I got into a fender fender with an ambulance with its sirens on and the officer favored them when they were at fault but my insurance 5 'months later deemed them 100 percent at fault. Make sure you stick to your story and it's believable
12-22-2016, 07:04 AM
#9
Do NOT deal with the other insurance company. That's job of your insurance company. Your insurance company should handle all of this, its why you buy the policy. What typically happens is you have to pay your deductible which will be refunded when your insurance recovers damages from the other company.
-- Chuck
-- Chuck
