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Accident: Not sure I will see her again :-(

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the cardinal rule of situations like this is to never, ever talk to an opposing driver's insurance company. that is what you pay your insurance company to do. gather and provide all the evidence that you have and supply it to your insurance company. this link is a primer on the path that incidents like this usually follow.
Insurance Law: What is a Subrogation Action? - FindLaw
I'm unfamiliar with a lot of the ins and outs of automotive insurance. Is there a difference between filing a claim (and paying your deductible) with your own insurance company and contacting them to have them handle the issue? It sounds like it may be a bad idea after reading your post, but I remember being told that you always file a claim against the other driver's insurance if they are at fault. I guess things are a bit more muddled in OP's case, as fault isn't with any one party. I just don't want to file a claim with my insurance if I don't have to, ya know? I know they would be more than happy to take my deductible in any situation.

-DJ
 
I'm unfamiliar with a lot of the ins and outs of automotive insurance. Is there a difference between filing a claim (and paying your deductible) with your own insurance company and contacting them to have them handle the issue? It sounds like it may be a bad idea after reading your post, but I remember being told that you always file a claim against the other driver's insurance if they are at fault. I guess things are a bit more muddled in OP's case, as fault isn't with any one party. I just don't want to file a claim with my insurance if I don't have to, ya know? I know they would be more than happy to take my deductible in any situation.

-DJ
seek out professional counsel! you are in muddy waters and you only have one paddle.
 
Not to sound too alarmist, but it might be a good idea to delete this thread. If the other party or their insurance provider finds this they could use any portion against you. You know what they say about statements taken out of context? Also, I never EVER talk to the other insurance company involved until fault is determined.

I was in a pretty bad accident about a year ago, which is how I ended up with my Tesla. I didn't go to the doctor because I felt fine. Six months later, and I seem to have some sort of rib irritation that is most likely from the impact. Bottom line, even if you feel fine, go to the doctor today so you have a visit on record. Cover your ass!
 
a dash cam cannot prevent an accident, it will only record the events prior to and during the incident. while that is good to use as evidence as to assigning fault a camera preventing an accident isn't what having one is for.
for the OP were you driving or was AP in control? If AP was in control that could come back to bite you.

I was not using AP. I was just heading home, driving normally, with the flow of traffic.

Not to sound too alarmist, but it might be a good idea to delete this thread. If the other party or their insurance provider finds this they could use any portion against you. You know what they say about statements taken out of context? Also, I never EVER talk to the other insurance company involved until fault is determined.

I was in a pretty bad accident about a year ago, which is how I ended up with my Tesla. I didn't go to the doctor because I felt fine. Six months later, and I seem to have some sort of rib irritation that is most likely from the impact. Bottom line, even if you feel fine, go to the doctor today so you have a visit on record. Cover your ass!

I've thought about whether I should have posted my incident here to seek quick advice on how to go about this before contacting a lawyer. So far I haven't written anything differently than what was stated in my police report.

FYI... I did reach out to my local Tesla SC about whether there is AP1 video available. Here was the response:

The next step would be to have your vehicle brought to a local Tesla Certified Body Shop. Your available options of certified shops are listed below:



Service King Collision Repair Center

8180 E Raintree Dr.

Scottsdale, AZ 85260

480.483.0355



Raintree Auto Body Inc.

8120 E Raintree Dr.

Scottsdale, AZ 85260

480.951.3441



New Image Paint & Body

1865 S Indian Bend Rd

Tempe, AZ 85281

480.921.3368



Unfortunately no videos/data from the autopilot 1 system are available. I wish there was something more we can do from a service center level but unfortunately there isn’t.
 
I'm unfamiliar with a lot of the ins and outs of automotive insurance. Is there a difference between filing a claim (and paying your deductible) with your own insurance company and contacting them to have them handle the issue? It sounds like it may be a bad idea after reading your post, but I remember being told that you always file a claim against the other driver's insurance if they are at fault. I guess things are a bit more muddled in OP's case, as fault isn't with any one party. I just don't want to file a claim with my insurance if I don't have to, ya know? I know they would be more than happy to take my deductible in any situation.

-DJ
Don't listen to people's advice on the internet (including mine ;)).

For me, it depends on the severity of the accident and injury. If it's a minor fender bender, where the other party is clearly at fault, and there is no injury -- most of the time it's very easy to deal with the guilty parties insurance.

If you have minor injuries and a few minor doctors bills, we've had lawyers tell us to just take them to the other insurance company (or our own) and try to settle without lawyers. But be careful of anything you tell the other insurance company, they will use every word you tell them against you.

If you're in a serious wreck where either your car or body is damaged, that's a whole 'nother ballgame. I would not speak with the guilty parties insurance company at all. Either go through mine or through a lawyer.


To answer your question about filing against your own insurance company, you can do that, they'll take your deductible, they'll make your car whole. Then eventually they will go after the guilty parties insurance company and eventually you'll get your deductible back. It's your call as to how you want to handle it.

One perspective is you pay for insurance, might as well let them do the leg work.
The other one is, you don't want your rates to go up so you try to hide the accident from them. That wont work, they'll know you were in an accident.
 
If you're in a serious wreck where either your car or body is damaged, that's a whole 'nother ballgame. I would not speak with the guilty parties insurance company at all. Either go through mine or through a lawyer.

GREAT advice. So what's your company, and your policy number? :D

(Seriously, though, your post is excellent advice, not exactly counting that particular wording.)
 
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Don't listen to people's advice on the internet (including mine ;)).

For me, it depends on the severity of the accident and injury. If it's a minor fender bender, where the other party is clearly at fault, and there is no injury -- most of the time it's very easy to deal with the guilty parties insurance.

If you have minor injuries and a few minor doctors bills, we've had lawyers tell us to just take them to the other insurance company (or our own) and try to settle without lawyers. But be careful of anything you tell the other insurance company, they will use every word you tell them against you.

If you're in a serious wreck where either your car or body is damaged, that's a whole 'nother ballgame. I would not speak with the guilty parties insurance company at all. Either go through mine or through a lawyer.


To answer your question about filing against your own insurance company, you can do that, they'll take your deductible, they'll make your car whole. Then eventually they will go after the guilty parties insurance company and eventually you'll get your deductible back. It's your call as to how you want to handle it.

One perspective is you pay for insurance, might as well let them do the leg work.
The other one is, you don't want your rates to go up so you try to hide the accident from them. That wont work, they'll know you were in an accident.
Thanks for the info. It's not that I would want to hide something, just that I wouldn't want to file a claim with my own insurance if I could just as easily file against the other driver's insurance provider. If my own (USAA) were to offer to handle everything without me filing a claim (and thus having to pay my deductible), that would be the best scenario.

Finally, after a person tried to sabotage my car after only a week of ownership, I made sure to invest in dash cams. I don't want to find myself in the same situation as the OP, where it is their word against the other party's.

-DJ
 
Thanks for the info. It's not that I would want to hide something, just that I wouldn't want to file a claim with my own insurance if I could just as easily file against the other driver's insurance provider. If my own (USAA) were to offer to handle everything without me filing a claim (and thus having to pay my deductible), that would be the best scenario.
I'm not aware of a way of doing that. You should get your deductible back at some point, but from what I know if you're going through your insurance company, you'd have to pay it.


I've filed 2 claims against other insurance companies (once I was rear ended, another time a guy hit my door while I was parked) - both were extremely easy. But again, the other parties admitted fault, no police reports were needed, and there were no injuries.

I've filed one claim with low-dollar medical bills due to injuries against the other insurance company directly -- it's a headache that I wouldn't do again. If I'm ever in that position again (hopefully not), I'd be going through my insurance directly. Live and learn I guess.
 
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Thanks for the info. It's not that I would want to hide something, just that I wouldn't want to file a claim with my own insurance if I could just as easily file against the other driver's insurance provider. If my own (USAA) were to offer to handle everything without me filing a claim (and thus having to pay my deductible), that would be the best scenario.

Finally, after a person tried to sabotage my car after only a week of ownership, I made sure to invest in dash cams. I don't want to find myself in the same situation as the OP, where it is their word against the other party's.

-DJ
there are chargeable incidents (you're deemed to be at fault) and NON chargeable incidents (you're cleared of being at fault) having your insurance company work for you, especially where you are not culpable for the accident will not result in your rates being dinged.
like I noted, if you are unsure of how to proceed consider hiring professional help, penny wise will be pound foolish with such expensive repairs in your future.
 
There is one scenario where you have to work through the other party's insurance: Diminished Value. Your insurance will not file that for you and will not even admit it exists in my experience. But that only comes I to play if it isn't totaled.
That is not entirely true. The additional liability of a diminished value claim may push a claim over the limit where it is declared a total loss (where the cost to restore the car to original condition exceeds its value). See 2016 Model S 90D - Property Damage Claim Post Mortem
 
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That is not entirely true. The additional liability of a diminished value claim may push a claim over the limit where it is declared a total loss (where the cost to restore the car to original condition exceeds its value). See 2016 Model S 90D - Property Damage Claim Post Mortem

True, saw this happen to a coworker once. They didn’t total the car out until he filed the diminished value claim. That kicked the damage amount over the threshold to total the car. But he had to do all of that through the other party’s insurance and it was a big hassle.

Not sure how that plays out if you make the accident claim with your policy and the diminished value claim against theirs though.
 
there are chargeable incidents (you're deemed to be at fault) and NON chargeable incidents (you're cleared of being at fault) having your insurance company work for you, especially where you are not culpable for the accident will not result in your rates being dinged.
Semantically correct, but the underlying idea behind your statement is wrong.

They do it in an ass backwards fashion, but any accident has the potential to ding your premium (not rate). They can not (legally, I believe) raise your rates for a non-at-fault accident. But the way they get around that is that you lose your "good driving discount" or "accident free discount" or whatever made-up discount they gave you. So technically your rate is still the same, but now you get less discounts, and thus pay the insurance company a higher premium. In the end, your premium goes up regardless of what type of accident you were in, and regardless if you involve your insurance company or not.


Don't believe me? Go online and get a quote from any of the big players. Put in that you were never in an accident, you'll get one premium. Then go back and put in the exact same information, and put in that you were rear ended and were in a non-at-fault accident. Your premium will be higher. When you dig into why, they removed one of the discounts.
 
Semantically correct, but the underlying idea behind your statement is wrong.

They do it in an ass backwards fashion, but any accident has the potential to ding your premium (not rate). They can not (legally, I believe) raise your rates for a non-at-fault accident. But the way they get around that is that you lose your "good driving discount" or "accident free discount" or whatever made-up discount they gave you. So technically your rate is still the same, but now you get less discounts, and thus pay the insurance company a higher premium. In the end, your premium goes up regardless of what type of accident you were in, and regardless if you involve your insurance company or not.


Don't believe me? Go online and get a quote from any of the big players. Put in that you were never in an accident, you'll get one premium. Then go back and put in the exact same information, and put in that you were rear ended and were in a non-at-fault accident. Your premium will be higher. When you dig into why, they removed one of the discounts.
I have had one incident over my decades of driving, it was deemed that the other driver was 100% at fault, no dings on my "good driver" status nor were my rates impacted. Like anything else concerning insurance, each and every situation is a unique situation, which is why I have implored the OP to seek professional assistance in dealing with his incident.
 
I agree that you, OP, ought to delete this thread ASAP. If you still want advice, you can get whatever advice you will get without posting so many specifics on this incident (including the photo--don't do that). Essentially, you are asking who you should contact and how to go forward, and that does not require the specifics of your case.

You may as well contact your insurance company. They are going to hear about this because the other driver (or the other driver's insurance company) will contact them. You ought to get ahead of that and start something happening in your favor on your end. Your policy should include a duty to defend, and they tend to take that seriously. Don't be surprised if they don't just take you at your word as for what happened, though. They'll want to verify as much as they can, and they'll likely only work with what they can and do verify. It'll probably be a pain in the butt for you.

If you are concerned that you are getting (or will get) a raw deal from your insurance company, then do hire your own attorney. Don't expect to get that money back, though.