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A potential 50/50 at-fault accident, except I have sentry mode footage. What Should I do? CA

if you were stopped and they hit you, they were 100% at fault. As far as what you said to the insurance company that caused you to be in a situation where you were listed at even 1% fault, I won't assume. But, you were not at fault for any of that if you have video footage showing you were stationary when they hit you.
Yes, the footage shows that I was stopped and the other car kept moving. Our insurance company says the other party is fully at fault. However, I believe the reason why I'm in this situation is due to my high deductible and the denial/lack of communication from the other party's insurance.
 
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focher

Active Member
Oct 15, 2013
1,198
2,039
Bay Area
Is it possible that a person who potentially has a $2500 deductible may not have uninsured or underinsured coverage?
It’s possible but highly unlikely. If you’ve financed the car or leased it, this will inevitably be required by the title owner. I doubt anyone would rationally skip it because it only adds a few dollars per month in most cases.
 

Sam1

Active Member
Sep 11, 2019
1,319
1,279
NV
Yes, the footage shows that I was stopped and the other car kept moving. Our insurance company says the other party is fully at fault. However, I believe the reason why I'm in this situation is due to my high deductible and the denial/lack of communication from the other party's insurance.
This is why you let lawyers handle accidents. Go call one today, they do free consultations.
 

dduffey

Member
Aug 26, 2015
400
315
Austin, TX
I had a similar situation, brand new 3. I started backing out, car behind then started backing out. I stopped. He didn't, I was too new to the car to throw it into drive so honked and honked until he hit me. I was so mad ... How do you not look back when reversing ... Even more so because the whole family was in the car and they got to watch in the rear view camera another car ram us in our maiden voyage.

It was also before dashcam came out :/

I didn't go through my insurance, rather directly with them. The other driver claimed I backed into him.

Fortunately I took pictures and drew a map of the lot. The damage only made sense with him backing up and turning at a 45 degree angle. When he still denied it (because he pulled back into his spot when the pictures were taken) I told the insurance agent "please let your client know that Teslas record crash video". Which is true, I just didn't have access to it nor do I know if it registered as a crash.

They then fessed up.

It's your choice to go through your insurance or theirs. I decided to try and go through theirs because I didn't want to be left paying the deductible and I knew I was in the right.
 

TBrownTX

Member
Dec 25, 2020
908
1,060
Dallas, TX
I also cary a high deductible like the OP. Keeps rates way down. You almost never come out on the positive end of an insurance transaction (like gambling), do everything you can to keep rates at a minimum, and just stash $2500 if you ever need it. You'll save well above that in the long run especially on a multi-car policy w/ teenaged drivers like I have.

Tim
 

Sunny5280

Member
Jul 29, 2021
149
96
Colorado
Yes, this is correct.
Since you have a $2,500 deductible I'm not sure I would even file a claim with your insurance company. I would recommend you work directly with theirs. Inform them you have video which shows you were at a complete standstill. For $2,780 I can't imagine their insurance company being unwilling to pay given the existence of video.
 

Sunny5280

Member
Jul 29, 2021
149
96
Colorado
Even with a $500 deductible I wouldn't go through insurance for anything less than something like $3k due to loss of safe driver discounts and loss of resale value with an accident on the vehicle history report. It obviously depends on value of the car too.
Why would one pay the premium for a $500 deductible if you wouldn't file a claim until the damage reached $3K?
 

afadeev

Member
Feb 28, 2019
828
984
NYC
I'll file a complaint with my insurance commissioner if the other party's insurance doesn't pay. Or should I start the complaint now?
[...]Yes, the footage shows that I was stopped and the other car kept moving. Our insurance company says the other party is fully at fault.

Why don't you start by posting your video clip for others, and us, to see and analyze. YouTube still works.
Based on what you said, that clip may (or may not) have been shared with your insurance company, but not the other party's one. The other insurance company really has no reason to trust your words that it's not your fault, and you were stopped. The only thing they have to go on, is their side's self-exonerating interpretation of the event, that is unlikely to be in your favor. If you want to change that, share the facts, not emotions.

However, I believe the reason why I'm in this situation is due to my high deductible and the denial/lack of communication from the other party's insurance.

You literarily, have nothing to complain about.
The insurance claim process is going exactly as it should, as others have explained.
Your deductible amount has no bearing on the situation, whatsoever.

No, the Tesla dashcam doesn't record speed. However, it can be clearly seen in my video that we stopped for a moment and the other car kept moving forward to hit us.

I am not certain what the situation really was, anymore.
Just because "you stopped for a moment" may not make you blameless of the accident. When two vehicles collide, the one that came to the stop first is not automatically innocent.

Post the video, and we'll see for ourselves.

I greatly appreciate the input from everyone here. My plan will be to get this car repaired, pay my deductible, work with insurance and possibly go through arbitration. If it turns out to be 50/50, I will file a complaint with my insurance commissioner.

Good luck, either way!
 
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TLLMRRJ

Active Member
Dec 19, 2019
2,054
2,452
Houston
Since you have a $2,500 deductible I'm not sure I would even file a claim with your insurance company. I would recommend you work directly with theirs. Inform them you have video which shows you were at a complete standstill. For $2,780 I can't imagine their insurance company being unwilling to pay given the existence of video.

Aren't you required by policy to alert your insurance of accidents? If so, filing with the other parties insurance seems it would automatically tip off your insurance that you violated your agreement with them. If so, you're just making things worse.
 

jjrandorin

Moderator, Model 3, Tesla Energy Forums
Nov 28, 2018
11,533
13,437
Riverside Co. CA
Why would one pay the premium for a $500 deductible if you wouldn't file a claim until the damage reached $3K?

Sometimes, the thinking on this is, if using your own insurance impacts your rates, it may be better to not use insurance for "small" things. Note that this is not me stating something definitively at all, I am just passing on what the thinking around this normally is from some, in this discussion.

Also, OP, it was mentioned by some to post the video. I have said this before, but its my strong belief that there is NOTHING positive that posting the video here can do for you. TMC in general, loooovvvvveeees digging through accident videos and attempting to find out what happened (and assign appropriate blame).

You gain nothing, if everything is exactly like you said, except for the approval of a bunch of random people online. To get that, however, you have a bunch of random people examining your video frame by frame attempting to see if they agree with your version of events, and possibly arguing over how much blame you have.

Additionally, TMC is a very large website, so its not out of the realm of possibility that some insurance company picks up on it etc.

Of course, share if you want to, but if you decide to do that, understand that that "horse is out of the barn" with all that entails. We (moderators) are not going to remove discussion around said video, for example, if it gets posted, unless it breaks forum rules by being rude, etc.
 

Sunny5280

Member
Jul 29, 2021
149
96
Colorado
Sometimes, the thinking on this is, if using your own insurance impacts your rates, it may be better to not use insurance for "small" things. Note that this is not me stating something definitively at all, I am just passing on what the thinking around this normally is from some, in this discussion.
I understand this and practice it myself. It's the reason I have a $1,000 deductible on my M3 as I ensure against "catastrophic" loss and cover the small stuff myself. However the example given the insured is paying for a $500 deductible and only using it for $3,000 and higher damage. That's a spread of $2,500 which makes no sense. Why would someone pay for a $500 deductible and the avoid using it. If that's the case it makes much more sense to have a higher deductible (I didn't even known one could get a $2,500 deductible, I thought $1,000 was the max).

Also, if something is covered under the comprehensive component of insurance higher rates are less likely than if the damage is covered under the collision component. Here in Colorado hail is a regular occurrence during the summer and it is the reason I have a $500 deductible on my Subaru (as it sits outside). In 2018 and 2019 my Volt was hit by hail and had to be repaired. Insurance covered the damage and my rates did not increase.
 

Sunny5280

Member
Jul 29, 2021
149
96
Colorado
Aren't you required by policy to alert your insurance of accidents? If so, filing with the other parties insurance seems it would automatically tip off your insurance that you violated your agreement with them. If so, you're just making things worse.
I recommended he not file a claim with his insurance company, I didn't recommend he not contact his insurance company.
 
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TLLMRRJ

Active Member
Dec 19, 2019
2,054
2,452
Houston
I recommended he not file a claim with his insurance company, I didn't recommend he not contact his insurance company.

That's the rub. You call them, and they will open a zero dollar claim immediately. I had that happen to me personally, and even though I didn't ask them to open a claim or ask for any money, they did it. Later, I got a letter in the mail from them saying if I got one more claim, I would be cancelled because I had had another recent claim for reimbursement, so they were doing the 3 strikes, you're out game.
 

Sunny5280

Member
Jul 29, 2021
149
96
Colorado
That's the rub. You call them, and they will open a zero dollar claim immediately. I had that happen to me personally, and even though I didn't ask them to open a claim or ask for any money, they did it. Later, I got a letter in the mail from them saying if I got one more claim, I would be cancelled. I had another one that I did claim for reimbursement, so they were doing the 3 strikes, you're out game.
That has not been my experience however I contacted my agent and not the insurance company directly so that may be the difference.

I must say I have been very pleased with my insurance company (State Farm). In the past three years I filed two claims (the aforementioned hail damage) and contacted them about two more (one was the lawn care company running their riding mower into the side of my car, the other was another driver rear ending me while I was in the drive through at a restaurant). No increases in rate nor any letters received.
 

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