Got in accident and at-fault insurance company denies claim

[Gize]

Thanks!!

Can I ask how long the litigation process takes? Or the attorney represented you to settle with the insurance/uhual without filing a lawsuit? We are hoping to finish this drag as soon as possible.

My attorney warned us this could be a very long process. But within about 9 months we had received both of our checks. His office asked us for information and literally did everything else, just asking us if we were ok with the amounts offered before he agreed. We did deny Uhauls original offer as it was very weak and they were just testing us to see if we'd go away. We outright rejected and they came back with about 75% more, so we took it.

Good luck sir! Get back on that Tesla horse and ride your way to the memory card store! Or you could just click buy it now.. but that sounds much less flattering to a classic sun-setting scene; therefore I cannot endorse it...

 

[Tam]

...AAA is just denying any liability

3 Car Pile Up Accident | Who Is At Fault | Liability

In a 3 car pile up accident, the middle car is still liable to the front car even though AAA claimed it's caused by the last car who fled the scene.

The middle car should reserve enough safe distance to prevent hitting the car in front when it was hit in the rear.

Sounds like it's time for a lawyer or dash cam next time!

 

[dmurphy]

3 Car Pile Up Accident | Who Is At Fault | Liability

In a 3 car pile up accident, the middle car is still liable to the front car even though AAA claimed it's caused by the last car who fled the scene.

The middle car should reserve enough safe distance to prevent hitting the car in front when it was hit in the rear.

Sounds like it's time for a lawyer or dash cam next time!

@Garlan Garner ... THIS is why it's prudent to file with your own insurance, vs. 3rd party. That 3rd party will weasel itself out, even in a case like this where you're not at fault. I get your point about the car rental, but you can still very well file for rental coverage from the 3rd party, even if you open a claim with your own.

Use your insurer's high paid attorneys. That's why they're there.

Things that "appear to be" clear cut... aren't.

 

[dragonxlwang]

My insurance company paid for everything they were responsible for but I had to go after the other company for loss of wages, personal suffering, and medical costs. But this was clearly the other driver’s fault so there really was no question that we were owed some money. They just decided to settle rather than going through protracted litigation because they knew they would owe us some money and at $15K it was cheaper to settle than to litigate. And they were glad that I did not hire an attorney so they were a bit easier to work with. Once you bring an attorney in everything changes.

Yeah, I have been talking with an attorney since about a few weeks ago. However, i think my top goal is to repair and sell the car asap and minimize the loss as well.

 

[Atari2600]

I agree.


I don't understand why people choose to go with their own insurance about an accident that's not their fault. Why go through all of the hassle you went through - for seemingly no reason.

Now when its your fault....the story changes.

My family has been in three rear end accidents and two accidents where someone drove down the side of a car. In all cases the car was stationary. None of them were our fault.

Filed every single one with my company. Each one was less than 30 minutes of my time. I heard the law changed in Ohio and now allows diminished value so if I get into any more accidents I will still file with my insurance and file with the other persons insurance for diminished value. Life is too short to deal with stupid people.

 

[dragonxlwang]

My insurance company paid for everything they were responsible for but I had to go after the other company for loss of wages, personal suffering, and medical costs. But this was clearly the other driver’s fault so there really was no question that we were owed some money. They just decided to settle rather than going through protracted litigation because they knew they would owe us some money and at $15K it was cheaper to settle than to litigate. And they were glad that I did not hire an attorney so they were a bit easier to work with. Once you bring an attorney in everything changes.

Yeah, I have been talking with an attorney since about a few weeks ago. However, i think my top goal is to repair and sell the car asap and minimize the loss as well.

 

[dragonxlwang]

My family has been in three rear end accidents and two accidents where someone drove down the side of a car. In all cases the car was stationary. None of them were our fault.

Filed every single one with my company. Each one was less than 30 minutes of my time. I heard the law changed in Ohio and now allows diminished value so if I get into any more accidents I will still file with my insurance and file with the other persons insurance for diminished value. Life is too short to deal with stupid people.

Agree. I'm using my own insurance for my car's repair, but now bodily injury and DV claim is stuck because AAA start denying it. Maybe I wasn't clear in the post

 

[Atari2600]

Agree. I'm using my own insurance for my car's repair, but now bodily injury and DV claim is stuck because AAA start denying it. Maybe I wasn't clear in the post

It was, I was just blowing smoke Garlan's way because he likes to play high stakes poker and acts like it isn't.

 

[trm2]

Why wouldn't they pay for bodily injury? You don't have injury coverage under your liability?

As for DV claims, get an attorney. That's a very different road to hoe. Best of luck, but you're likely not going to win that.

this likely falls under UMBI (Uninsured/Underinsured Motorist Bodily Injury) Coverage. If OP has that coverage, it should be primary before medical insurance.

 

[yerEVan]

I believe you said it was rush hour.
No witnesses that came to your aid ? Hard to imagine someone able to escape a hit and run without someone grabbing a plate if it’s rush hour traffic.

It’s so obvious the person is lying and I now seriously dislike AAA and Geico (from my experience).

 

[dmurphy]

this likely falls under UMBI (Uninsured/Underinsured Motorist Bodily Injury) Coverage. If OP has that coverage, it should be primary before medical insurance.

Looks like things are a bit different in California.

For them, your own medical coverage is primary, unless you pickup the “med pay” option. It’s also a fault state, so to get UI/UM coverage to kick in, you need to get them to admit fault. Good luck with that. This is where an attorney comes in, whether you want to pay out of pocket, or let your insurance company’s attorney do it.

As far as the other parties’ insurance is claiming, their driver isn’t at fault so they won’t pay a thing. Someone’s got to jam a lawyer up their butt to make them move, otherwise, they’re just going to shut you down.

 

[Garlan Garner]

@Garlan Garner ... THIS is why it's prudent to file with your own insurance, vs. 3rd party. That 3rd party will weasel itself out, even in a case like this where you're not at fault. I get your point about the car rental, but you can still very well file for rental coverage from the 3rd party, even if you open a claim with your own.

Use your insurer's high paid attorneys. That's why they're there.

Things that "appear to be" clear cut... aren't.

Why do you believe your insurance companies lawyers are different than everyone elses?

Why do you think that the other persons insurance company weasels out of everything?

That's pretty presumptuous.

I had gieco and they had state farm.

State Farm isn't a weasel company. They were perfect to work with.

 

[Garlan Garner]

@Garlan Garner ... THIS is why it's prudent to file with your own insurance, vs. 3rd party. That 3rd party will weasel itself out, even in a case like this where you're not at fault. I get your point about the car rental, but you can still very well file for rental coverage from the 3rd party, even if you open a claim with your own.

Use your insurer's high paid attorneys. That's why they're there.

Things that "appear to be" clear cut... aren't.

BTW...the situation you are referencing is a stupid one. There are laws about that situation that seemingly the person who was hit didn't take advantage of.

The law says....when you hit someone then you are guilty. It doesn't matter what made you hit them. Its cut an dry.

That IS NOT a reason to file with your insurance company.

 

[dragonxlwang]

I believe you said it was rush hour.
No witnesses that came to your aid ? Hard to imagine someone able to escape a hit and run without someone grabbing a plate if it’s rush hour traffic.

It’s so obvious the person is lying and I now seriously dislike AAA and Geico (from my experience).

My bad I didn’t call police or find a witness, which should be very easy since everybody looks out while passing by.

well, it was in google campus and at rush hour, I was fool that thinking I don’t want to make a scene and based on my pass experience given the nature of accident, only taking pictures and exchange insurance was enough.

 

[Jay24]

The law says....when you hit someone then you are guilty. It doesn't matter what made you hit them. Its cut an dry.

You couldn't be further from the truth there. It's all about negligence. If the Prius really was pushed into OP (which based on the damage... doubtful, but that's their claim), then they would be negligence free. Under the law, they would not be responsible. Their insurance would deny liability placing 100% on the "phantom vehicle".

Because there is damage to the rear of the Prius, they're going to stick with that and the chances of that changing are slim. They have to believe their insured unless they have evidence that contradicts that story... such as a dash cam (set that up ASAP!).

I work in insurance claims. I see this every single day.

 

[yerEVan]

My bad I didn’t call police or find a witness, which should be very easy since everybody looks out while passing by.

well, it was in google campus and at rush hour, I was fool that thinking I don’t want to make a scene and based on my pass experience given the nature of accident, only taking pictures and exchange insurance was enough.

No video I guess from campus area? We had a parking lot incident and got camera footage from school.

 

[linux-works]

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.

and if someone did their best to have a usb drive installed - and the recording STILL failed?

don't blame the victim. not cool.

 

[dmurphy]

You couldn't be further from the truth there. It's all about negligence. If the Prius really was pushed into OP (which based on the damage... doubtful, but that's their claim), then they would be negligent free. Under the law, they would not be responsible. Their insurance would deny liability placing 100% on the "phantom vehicle".

Because there is damage to the rear of the Prius, they're going to stick with that and the chances of that changing are slim. They have to believe their insured unless they have evidence that contradicts that story... such as a dash cam (set that up ASAP!).

I work in insurance claims. I see this every single day.

Couldn’t have said it better myself. Thank you.

I don’t know why @Garlan Garner continues to believe there’s automatic 100% guilt (just like he believes any claim automatically causes a rate increase), but the world isn’t that black and white. It’d be a lot easier if it were, but it just plain isn’t. It’s a world of grey.

... and of course an insurance company has to back their client, lacking evidence to the contrary. They’d be out of business if they didn’t.

 

[dmurphy]

Why do you believe your insurance companies lawyers are different than everyone elses?

Why do you think that the other persons insurance company weasels out of everything?

That's pretty presumptuous.

I had gieco and they had state farm.

State Farm isn't a weasel company. They were perfect to work with.

My companies’ lawyers aren’t any better than anyone else’s. But they’re a hell of a lot better at this than I am, so why not use them to my advantage?

Of course ANY insurance company will try to reduce their liability as much as possible. That’s their job. Without clear and documented evidence to the contrary, they’ll deny. Anything else is negligent - to their policyholders, shareholders and to themselves. And in this case, there’s contrary evidence to their fault. Somewhat flimsy, but in a “he said/she said” scenario, they’ve got to back their policyholder. Why wouldn’t they? It’s on the other party to prove otherwise.

Where we do agree is on State Farm as a reputable company. They did wonders by me in our deer saga. No complaints here. And contrary to your beliefs, my $21,000 claim didn’t have any ill effect whatsoever on my premiums; in fact, they went down slightly.

 

[Tam]

and if someone did their best to have a usb drive installed - and the recording STILL failed?

don't blame the victim. not cool.

TeslaCam is beta so I would buy a real production quality dash cam in addition!