by Guest » Wed Jul 01, 2009 01:48 am
Ok, I'm on the freeway (I5) going south, clear Saturday I'm in Lane 2 from the HOV. I gave myself more than two car lengths from the car ahead of me. The traffic in frount of me had begun to stop and as my opening was becoming clearly smaller than two car lengths a driver from lane 3 (rt side) wipes into my line without a turn signal. By that time the traffic in my lane had stopped. So the car that cut into my lane had to stop short in frount of me. I was able to get my Escape stopped without hitting him (traffic to dense to move left or right) but I only had a few inches. Problem the four cars behind me were following to close hit me and pushed me into the car that cut me off. I just got my ticket overturned today. Problem is my insurance company has me at 80% at fault. They wouldn't wait for my court hearing today and the adjuster told my husband it didn't matter. They were going to do what they wanted to do to close the case. What are some options when dealing with my insurance and the other four insurances do I have?
Posted: Wed Jul 01, 2009 02:30 am Post Subject:
First, it's up to your carrier if they want to pay the other people in the loss. At the end of the day you don't have any control over that. However, I'd say your adjuster may have done just as you mentioned... want to pay, close and move onto the next claim without getting all the facts. Personally, I would have waited to see if the citation was dismissed and why before I made a liability determination. I'd also be asking the person in front of you how many impacts they felt (if only one, I'd say you were pushed into that vehicle).
When you say 80% at fault I'm thinking this is 80% at fault only for the damages to the vehicle in front of you, correct? Where did the other 20% go? To the person in front of you or to someone behind you?
If you feel that your claim was handled incorrectly, I'd speak to your agent and ask him/her to see about having that claims ignored when determining your future rates. I've seen this done but you really need to be the squeaky wheel.
Posted: Wed Jul 01, 2009 10:38 am Post Subject:
Hi Nasgal1, I've couple of questions for you.
If you were rear ended as you have said, your car too must have suffered some damages. Were there any damages to your car? Or, does contributing more towards the accident bar you from collecting for your damages?
Secondly, we need to find the answer of the missing 20% liability. Who is assigned with the remaining 20%?
If the car in front of you cut-off without any indication and the car behind you was following too close, then why were you got ticketed?
Finally,
What are some options when dealing with my insurance and the other four insurances do I have?
What are these four policies you are referring to?
~ Jeremy
Posted: Sun Jul 12, 2009 06:47 pm Post Subject:
Thanks for the replies.
I was told by my insurance that the 20% went to the (Subaru) who hit me from behind. We did get a small check for the repairs on the car but we have a $1500 deductible to pay. The damages were over $2500.
The accident involved five cars total. Myself and all of the other cars behind me that hit from behind received a ticket for following to closely. My ticket was overturned.
My agent at Progressive said that I should not settle the cases with the other insurances seperately but all of them together. I've been trying to do that but the (Subaru's) insurance has changed agents on me once already and the (Ford Truck) who hit the (Subaru) I can't seem to get a response from and the (Saturn) in the very back wants to settle for $500 dollars. I just would like to know a few options in this matter to settle it so I don't feel totally like I've been screwed! The Infinity claims that he felt two impacts and his injury claim of course is still open with the insurance.
Posted: Sun Jul 12, 2009 07:05 pm Post Subject:
I'm still at a loss as I have no idea where this Infinity was. Directly in front of you?
Let's just work with that....
If the vehicle in front of you states that he felt two impacts then you hit the Infinity and then you were pushed into the Infinity.
It appears that your carrier paid for 80% of the damage to the Infinity and they placed 20% on the Subaru directly behind you or at least to any/all the vehicle's behind you (it's only up to your carrier to figure out your liability).
I'm guessing there is no joint/several liability or the threshold is very low in your state so that the Infinity owner cannot hold you 100% liable even if it's agreed your 80% (question for your adjuster).
I doubt the citation was dismissed because it was shown that you did not initially rear end the Infinity... that is was actually dismissed for some other reason? If so, it would not change the liability situation.
Agent's almost always no nothing about claims. If your relaying on your agent for good claim's guidance, your in the wrong place.
Why are you dealing with the Subaru's _agent_? Agents don't handle claims, adjuster do... and even if the Subaru owner changed carriers, the same carrier/adjuster would be handling this loss.
If you can't get a response from the Ford Truck's carrier, file a complaint with your states Dept of Insurance. You _will_ get a response after that!
I have no idea what this means:
I can't seem to get a response from and the (Saturn) in the very back wants to settle for $500 dollars.
If you can't get a response, how do you know about their $500 offer?Let's start from the beginning...
What are the liability contentions of the insurance companies for the vehicle's behind you? Are the accepting partial liability for the damages to your vehicle or not? If the Subaru rear ended you, why are you looking at other carriers to pay for the damage to your vehicle? If there some indication that those vehicles rear ended the Subaru, pushing it into your vehicle?
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