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

[insurancestory]

Hi All, in July 2021 another driver and I were in a parking lot. Both of us were reversing at the same time; however, I stopped. The other driver kept reversing and 3 seconds later their car rear-ended our car and our car was left with a dent and paint scratch on the rear right edge. Their car wasn't badly affected. The other driver offered to pay us cash and gave us their insurance. We decided to go through insurance to start a claim. At first, they told us it would be 50/50 at fault on both parties. However, we showed them the sentry mode footage and we moved forward in the claims process.

Fast forward to today, we received a quote from the repair shop for $2780, but our insurance is asking for us to pay the deductible of $2500. After paying for the repairs, our insurance will work with the other party's insurance to reimburse us. However, if the other party's insurance denies responsibility, we will need to go through arbitration and potentially lose out on the reimbursement.

What should I do? Move forward with the repairs or just let it go and do nothing? If the fault is found on both sides, would I be subject to higher premiums?

This occurred CA, USA.

 

[Tam]

...If the fault is found on both sides, would I be subject to higher premiums?...

I would say since your car was stationary, it's the other's fault.

However, arbitration might want to rule 50/50. Of course, 50% means higher premium.

 

[RedModel3]

I had an accident in a parking lot once, and insurance companies always try to weasel out of paying for this kind of thing. No way was I in the wrong, but because it was an "uncontrolled" parking lot, it was 50/50. Maybe the Sentry will help. Let us know.

 

[Msjulie]

Not the exact same situation but .. and yes, give them the videos..

Few years back I was side-swiped by someone trying to pass w/o enough room; I had the license plate etc and my insurance company did all the work, cost me zero (other than the drama of it all). That's how I feel they should work on your behalf. Good luck

 

[KenC]

Hi All, in July 2021 another driver and I were in a parking lot. Both of us were reversing at the same time; however, I stopped. The other driver kept reversing and 3 seconds later their car rear-ended our car and our car was left with a dent and paint scratch on the rear right edge. Their car wasn't badly affected. The other driver offered to pay us cash and gave us their insurance. We decided to go through insurance to start a claim. At first, they told us it would be 50/50 at fault on both parties. However, we showed them the sentry mode footage and we moved forward in the claims process.

Fast forward to today, we received a quote from the repair shop for $2780, but our insurance is asking for us to pay the deductible of $2500. After paying for the repairs, our insurance will work with the other party's insurance to reimburse us. However, if the other party's insurance denies responsibility, we will need to go through arbitration and potentially lose out on the reimbursement.

What should I do? Move forward with the repairs or just let it go and do nothing? If the fault is found on both sides, would I be subject to higher premiums?

This occurred CA, USA.

Who is your insurance? After you showed them the video, what did they say? If they say it's the other party's fault, which it sounds like it should be, then you shouldn't have to pay your deductible, your insurance needs to get paid by the other vehicle's insurance, and you shouldn't be bothered to front the $2500. Your insurance company's incentive to get reimbursement from the other insurance is not high if you pay the deductible.

 

[insurancestory]

Who is your insurance? After you showed them the video, what did they say? If they say it's the other party's fault, which it sounds like it should be, then you shouldn't have to pay your deductible, your insurance needs to get paid by the other vehicle's insurance, and you shouldn't be bothered to front the $2500. Your insurance company's incentive to get reimbursement from the other insurance is not high if you pay the deductible.

Farmers. They told us that they found the other party to be fully at fault. However, the other party’s insurance has not made a decision yet and have not spoken to their insured yet and that this has the potential to go to arbitration.

They told us if we are seeking repairs we will still need to pay our deductible, which is where we are at now.

 

[insurancestory]

Also, I will add that the other party’s insurance will not do anything until we repair the car and send them the repair payment.

 

[ATPMSD]

Farmers. They told us that they found the other party to be fully at fault.

If you have this in writing, end of story. Just remind Farmers. BTW if you also have ”Uninsured and Underinsured Coverage” then even if the other company refuses to pay you are covered, since you are not at fault - this is what that component of your insurance is for.

 

[ATPMSD]

Also, I will add that the other party’s insurance will not do anything until we repair the car and send them the repair payment.

Bullshit!

 

[Sunny5280]

Hi All, in July 2021 another driver and I were in a parking lot. Both of us were reversing at the same time; however, I stopped. The other driver kept reversing and 3 seconds later their car rear-ended our car and our car was left with a dent and paint scratch on the rear right edge. Their car wasn't badly affected. The other driver offered to pay us cash and gave us their insurance. We decided to go through insurance to start a claim. At first, they told us it would be 50/50 at fault on both parties. However, we showed them the sentry mode footage and we moved forward in the claims process.

Fast forward to today, we received a quote from the repair shop for $2780, but our insurance is asking for us to pay the deductible of $2500. After paying for the repairs, our insurance will work with the other party's insurance to reimburse us. However, if the other party's insurance denies responsibility, we will need to go through arbitration and potentially lose out on the reimbursement.

What should I do? Move forward with the repairs or just let it go and do nothing? If the fault is found on both sides, would I be subject to higher premiums?

This occurred CA, USA.

Your deductible is $2,500?

 

[TheDriveway]

It is odd that you need to pay the deductible when you have video evidence of the other party at fault. I would proceed with the repairs.

 

[ATPMSD]

It is odd that you need to pay the deductible

You don’t. Also they need to provide a rental car. The other person’s insurance company is jerking you around, talk with your agent and if need be file a complaint with your insurance commissioner.

 

[Sunny5280]

It is odd that you need to pay the deductible when you have video evidence of the other party at fault. I would proceed with the repairs.

Does the Tesla dashcam record speed in addition to the video?

As for the OPs insurance company requiring him to pay the deductible I suspect that's because his insurance company would be considering this a claim against his comprehensive coverage which, typically, has a deductible (which is why I asked if his deductible is really $2,500).

 

[ry-ballz]

Jesus Christ $2500 deductable

 

[focher]

Who is your insurance? After you showed them the video, what did they say? If they say it's the other party's fault, which it sounds like it should be, then you shouldn't have to pay your deductible, your insurance needs to get paid by the other vehicle's insurance, and you shouldn't be bothered to front the $2500. Your insurance company's incentive to get reimbursement from the other insurance is not high if you pay the deductible.

Exactly. As pointed out above, Uninsured or Underinsured Coverage in the policy is what covers this scenario.

The policy will determine which coverage the claim is being considered under. If the insurance company doesn't agree, then a complaint filedwith the state insurance commissioner will likely do the job. California has one, and that office is very aggressive in protecting consumer rights.

 

[gaswalla]

If OP goes through his own insurance, Farmers, then he owes the deductible and will possibly get reimbursed when other party pays up. Also will get rental car only if that is OP's coverage. (if OP has a 2500 deductible, he didn't spring the few bucks for rental coverage)
If OP goes through the other party's insurance, he does not owe a deductible up front and can get a rental car IF the other insurance accepts full liability.
Since there seems to be a hang up on responsibility by the other party, OP should probably just go through his own insurance to avoid the legal hassles. If OP has issues with that large deductible, then that's on him for being under-insured.

 

[focher]

If OP goes through his own insurance, Farmers, then he owes the deductible and will possibly get reimbursed when other party pays up. Also will get rental car only if that is OP's coverage. (if OP has a 2500 deductible, he didn't spring the few bucks for rental coverage)
If OP goes through the other party's insurance, he does not owe a deductible up front and can get a rental car IF the other insurance accepts full liability.
Since there seems to be a hang up on responsibility by the other party, OP should probably just go through his own insurance to avoid the legal hassles. If OP has issues with that large deductible, then that's on him for being under-insured.

That's just not accurate in California. If the other driver is at fault, you don't pay any deductible - regardless of whether their insurance accepts fault and pays or doesn't. Deductibles apply to your own collision coverage, not to uninsured or under-covered other drivers. It's entirely the burden of your insurance provider to get reimbursed.

 

[jjrandorin]

Exactly. As pointed out above, Uninsured or Underinsured Coverage in the policy is what covers this scenario.

The policy will determine which coverage the claim is being considered under. If the insurance company doesn't agree, then a complaint filedwith the state insurance commissioner will likely do the job. California has one, and that office is very aggressive in protecting consumer rights.

Is it possible that a person who potentially has a $2500 deductible may not have uninsured or underinsured coverage?

 

[Sam1]

Hi All, in July 2021 another driver and I were in a parking lot. Both of us were reversing at the same time; however, I stopped. The other driver kept reversing and 3 seconds later their car rear-ended our car and our car was left with a dent and paint scratch on the rear right edge. Their car wasn't badly affected. The other driver offered to pay us cash and gave us their insurance. We decided to go through insurance to start a claim. At first, they told us it would be 50/50 at fault on both parties. However, we showed them the sentry mode footage and we moved forward in the claims process.

Fast forward to today, we received a quote from the repair shop for $2780, but our insurance is asking for us to pay the deductible of $2500. After paying for the repairs, our insurance will work with the other party's insurance to reimburse us. However, if the other party's insurance denies responsibility, we will need to go through arbitration and potentially lose out on the reimbursement.

What should I do? Move forward with the repairs or just let it go and do nothing? If the fault is found on both sides, would I be subject to higher premiums?

This occurred CA, USA.

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.

 

[insurancestory]

Uninsured and Underinsured Coverage

I have Uninsured Motorist Bodily Injury and Property Damage with Collision under my coverage. If that matches what you're saying.

Your deductible is $2,500?

Yes, this is correct.

You don’t. Also they need to provide a rental car. The other person’s insurance company is jerking you around, talk with your agent and if need be file a complaint with your insurance commissioner.

Thank you for this. 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?

Does the Tesla dashcam record speed in addition to the video?

As for the OPs insurance company requiring him to pay the deductible I suspect that's because his insurance company would be considering this a claim against his comprehensive coverage which, typically, has a deductible (which is why I asked if his deductible is really $2,500).

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. And yes the comprehensive is $2500 (thank you for this insight)

If you have this in writing, end of story. Just remind Farmers. BTW if you also have ”Uninsured and Underinsured Coverage” then even if the other company refuses to pay you are covered, since you are not at fault - this is what that component of your insurance is for.

The representative handling my claim sent via text message that they finalized liability placing the other party as fully at fault, but included that we still need to pay the deductible if we are to repair the car.

If OP goes through his own insurance, Farmers, then he owes the deductible and will possibly get reimbursed when other party pays up. Also will get rental car only if that is OP's coverage. (if OP has a 2500 deductible, he didn't spring the few bucks for rental coverage)
If OP goes through the other party's insurance, he does not owe a deductible up front and can get a rental car IF the other insurance accepts full liability.
Since there seems to be a hang up on responsibility by the other party, OP should probably just go through his own insurance to avoid the legal hassles. If OP has issues with that large deductible, then that's on him for being under-insured.

I will be taking the car to get repaired soon and yes, the rental is covered.
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.