Got in accident and at-fault insurance company denies claim

[dragonxlwang]

Hello, it happened on 2/21 when I was driving south and sitting in traffic. At the time of crash I was fully stopped and was rear-ended by a Toyota:

It was a pretty hard crash as I was pushed about 3-5 feet away and suffered neck pain. The back has smashed hard and there were pieces falling on the ground.

Here's some more pictures I took that morning after arriving office:

I checked the damage and was told by body shop that it was pretty hard. They told me it is likely that the body structure was damaged as well. I started to hear all kinds of rattles and the battery dropped about 3% the day of the accident.

I filed the claim through the Toyota's driver's insurance AAA but about a week later I was told that their driver claimed that he was hit first by "another car" and the other car hit-and-run. However, it was not even close to the fact but AAA has waiting for the Toyota's driver to submit pictures for about a month.

Today I was told by AAA that the claim was denied because they believe their driver's story and AAA sent me the pictures their driver submitted:

However, it was totally a joke as the second picture was not even taken at the scene -- Just look like the direction of the shade. It was in the morning and car was towards south. The first pictures shows correct shading direction towards west/right, however, the second was towards left.
In addition, the Toyota's rear end almost has nothing hard damage at all. I would be much surprised if anyone would believe that there was a third car involved and hit-and-run.
Now, AAA simply denies my claim - car damage, and also body injuries. They know that I have a comprehensive policy with my own insurance (Farmers) and ask me to get paid by my own insurance instead. They told me that they believe this is a 3 car crash and the at-fault driver was hit-and-run, and I was forced by law to file claim through my own insurance.
What should I do? Any help is greatly appreciated!

 

[Big Dog]

As you are in CA, why are you wasting your time with the other guy's insurance? File with your insurance and let them figure it out. That's what you pay them for. More importantly, under CA law, your carrier cannot raise your rates when the other guy is at fault.

 

[dragonxlwang]

As you are in CA, why are you wasting your time with the other guy's insurance? File with your insurance and let them figure it out. That's what you pay them for. More importantly, under CA law, your carrier cannot raise your rates when the other guy is at fault.

Thanks Big Dog - Reason that I still need to deal with AAA (at-fault driver) is that after checking with body shop and found the battery drop after the accident, we would sell the car after repair, and therefore need to file diminishing value claim. And that DV claim can only be filed through at-fault driver's insurance.

 

[1965Falcon]

What does the accident report say? Camera footage?

 

[dragonxlwang]

I didn't file a police report (in mountain view) as at the time of accident (morning rush hour), it was pretty clear and simple. I don't have a thumb drive then either. I think those are the two biggest mistake I had.

 

[dragonxlwang]

AAA has yet not sent me the full report for denying the claim. I just requested them the pictures submitted by the other driver to support his story that he was rear-ended first.

 

[dragonxlwang]

Here's where the structure/frame damage the body shop told me. And that's why I feel better to sell it and buy a new one instead.

 

[1965Falcon]

I didn't file a police report (in mountain view) as at the time of accident (morning rush hour), it was pretty clear and simple. I don't have a thumb drive then either. I think those are the two biggest mistake I had.

That's going to make it tough then. Their insurance really has no reason to not want to believe their driver. I would definitely get your insurance involved asap, at best they can negotiate.

Were you stopped going around a corner? The damage is not centered on either car like they tried to steer and turn at the last minute? That wouldn't happen if he was rear ended and stopped directly behind you.

 

[ItsNotAboutTheMoney]

Weasels.

My suggestion would be to contact your insurance company. They won't want you to claim from them and they can push back.
You have a photo of the rear of the Prius that doesn't show any significant damage.
If they won't help, you can always hire a lawyer.

 

[SageBrush]

"sore neck," , DV claim ... I've heard this setup before
And now foiled by another paragon of society.

Irony

 

[dragonxlwang]

That's going to make it tough then. Their insurance really has no reason to not want to believe their driver. I would definitely get your insurance involved asap, at best they can negotiate.

Were you stopped going around a corner? The damage is not centered on either car like they tried to steer and turn at the last minute? That wouldn't happen if he was rear ended and stopped directly behind you.

It was in Mountain View, I was driving on N. Shoreline BLVD close to the ramp to HW101, so yes, another 100 ft or less I would make a right turn to merge to HW101. I was about half car to the curb on the right.

Had accidents before (my fault or not), never was so hard like this one, even though all facts were checked and AAA still believes a story with obvious lies.

 

[dragonxlwang]

Weasels.

My suggestion would be to contact your insurance company. They won't want you to claim from them and they can push back.
You have a photo of the rear of the Prius that doesn't show any significant damage.
If they won't help, you can always hire a lawyer.

Oh NO!! That's not my picture, but the picture submitted by Toyota's driver. He claims (with this picture) to show he was rear ended first and crashed into my car.

 

[OCR1]

Did you take any pictures of the rear end of the Toyota?

 

[ShawnA]

Hi Dragonxlwang,

After you get the other car's picture to all insurance companies...
Ask for a physical recreation expert.
There is NO WAY with the minor damage on the rear of the car that hit you
there was enough energy or force to do the damage shown on your car.
Even a Semi hitting their car and leaving that mark would not provide
enough force to damage your car as shown in your picture.

Their car should show as much or MORE damage than your car
if it was pushed into your car...
The center car is usually crushed like an accordion.

Good luck,

Shawn

 

[dragonxlwang]

Did you take any pictures of the rear end of the Toyota?

No, because I didn't realize that later the driver would claim that he was hit in the rear first. I really should have a full video around the scene at least...

 

[dragonxlwang]

Hi Dragonxlwang,

After you get the other car's picture to all insurance companies...
Ask for a physical recreation expert.
There is NO WAY with the minor damage on the rear of the car that hit you
there was enough energy or force to do the damage shown on your car.
Even a Semi hitting their car and leaving that mark would not provide
enough force to damage your car as shown in your picture.

Their car should show as much or MORE damage than your car
if it was pushed into your car...
The center car is usually crushed like an accordion.

Good luck,

Shawn

Thanks! I believe that's after seeking lawsuit against the AAA and their driver? Or AAA is by law forced to prove otherwise if I submit such a reconstruction report?

 

[trm2]

That isn’t a Comprehensive claim. It is collision claim with associated deductible (which you will get back if the at-fault party is found)

 

[OCR1]

No, because I didn't realize that later the driver would claim that he was hit in the rear first. I really should have a full video around the scene at least...

I think you are going to have a difficult time getting diminution in value from AAA unless you initiate a lawsuit against them. They have claimed their defense and you will now have to take it to a court of law to challenge their position. Given that the diminution is likely only around $5,000-$10,000 it’s probably best to send a demand letter and try to get something out of it, but if you have to go to court the attorney fees will eat through any potential settlement you might receive.

If the Toyota was hit from behind it’s a pretty good defense. Even if it was just a minor hit, it still would be enough to prove the first car was at fault in starting the chain reaction of events that led to your car being damaged.

 

[dragonxlwang]

That isn’t a Comprehensive claim. It is collision claim with associated deductible (which you will get back if the at-fault party is found)

Thanks! That's something new I didn't know before. AAA's agent told me "since I have comprehensive and the fault is by the hit-and-run driver (which doesn't exist at all), I was required by law to proceed with my own insurance." They told me that they only accept my claim if I don't have comprehensive.

 

[N.Y.R.]

I didn't file a police report (in mountain view) as at the time of accident (morning rush hour), it was pretty clear and simple. I don't have a thumb drive then either. I think those are the two biggest mistake I had.

Jesus. imagine having a car covered in cameras and features to record and not using it. Very little sympathy from me, sorry this happened and my bad attitude, but I really can't believe people buy a car like this and don't use earth shattering features like this.