Got in accident and at-fault insurance company denies claim

[Garlan Garner]

I guess I'll weigh in here. I'm an accident attorney in Southern California and deal with this kind of thing day in and day out.

First, you probably won't find an attorney to take your case unless there was bodily injury -- we typically don't take property damage only claims as it doesn't really work with our fee structure (1/3 of total recovery).

Second, there is no reason NOT to file with your insurance company. AAA has made it clear that they are standing behind their insured and are denying liability on this claim. There's no more working with them -- they are refusing to cover the accident. You have a few options at this point and none make sense except putting a claim in with your own insurance.

Option 1: You can fight AAA by hiring an attorney to fight your property damage claim (probably on an hourly basis as an attorney probably won't take the case on a contingency) and pay several times the value of the car pursuing your damage claim -- that isn't really a feasible option.

Option 2: You can take the Prius driver to small claim's court so that you are on equal footing (neither side allowed an attorney) but there's California law that allows the insurance company to simply set aside any small claims judgments against their insured's, which will then revert you back to Option 1 (having to go to Court against AAA -- not a feasible option).

Option 3: File a claim with your insurance. Pay your deductible (unless it is waived), and have your insurance fix your car for you. If you had to pay a deductible it will be refunded if your insurance is able to collect from AAA. There's no hassle with this option, provided you can pay your deductible. Your insurance fixes/replaces your car and there's no fight about liability. What happens in the background is that AAA and your insurance fight over who is the culpable party. If they can't agree on who is at fault, they will go to something called "inter-insurance arbitration." The two insurance companies essential have a mini-trial where they agree to be bound by the decision of an arbitrator. Your insurance will use your photos as well as any recorded statements to argue that the Prius caused the accident and there was no phantom third vehicle. When/if they are successful, they recover the money they paid to fix/replace your car from AAA and refund your deductible (if applicable).

As for diminution of value, if your insurance doesn't cover it, you likely won't recover it. Honestly though, from the photos, your car may just be written off so it is a moot point. I suppose you could sue the Prius driver in small claims for the diminution but, again, AAA can have any judgement set aside quite easily.

Do not waste any more time with AAA -- if they have denied your claim, there is really no practical way to go any further. The advice to avoid using your own insurance is very bad advice.

What?

There was no case. I didn't need a lawyer.

State Farm ( other persons insurance company ) paid for everything.

My insurance company wasn't even notified. Would my insurance company have stood by me if I told them about it? Sure.

I'm telling you exactly what happened. NOT what I hoped would happen or wish would happen.


If the same person hit me again - I would do the same thing.

If ANYONE with State Farm hits me - I'm doing the same thing.

Trivia question for you: Guess what insurance company gained a new client after my ordeal?
If State farm took care of their client like they did....then I was glad to jump over and have them take care of me the same way.

I mean really. In my case….please tell my why I should have filed a claim with MY ( Geico ) insurance company. See post below this for a few more details.

 

[Garlan Garner]

Thank you. I continue to repeat this over and over again, and I don't know why the myth perpetuates. You pay insurance premiums to have access to their resources - money, repairs, and legal coverage.

After paying those premiums, why would you deliberately avoid availing yourself of the resources you paid for?

You guys keep claiming the same thing about filing with my insurance company no matter what - while at the same time saying that every situation and insurance company is different.

I continue to repeat the benefit I received by NOT making a claim with MY insurance company. I questioned my insurance company intensely without making a claim.

My insurance only would have only covered my rental for 30 days. ( Geico ).

I would have had to pay my deductible ( right now ).

I would have had to pay for my rental past 30 days myself. Tesla's take a LONG time to fix on average. I would have had to pay for it myself ( immediately at the end of the rental ). over $2,500.

Sure they would fight for me to get my funds back, however it wouldn't be guaranteed.

I would have had to pay $4,000+ and hope to get reimbursed.

I paid NOTHING filing with the other persons insurance company ( State Farm ). I never paid a dime.

In my case.....state why I should have filed with Geico.

 

[Garlan Garner]

My advice.

I'm not a lawyer or an insurance subject matter expert, however I would tell everyone no matter what the situation is to at least follow these 2 steps.


1. Call both insurance companies and get the details about: <----this step is totally free.

deductible
rental
repairs
injury if necessary

2. THEN file a claim with the insurance company that best suits your situation.

 

[focher]

My advice.

You keep giving advice based on what you did in your situation (which is in an entirely different state) but this thread isn’t about your situation.

Even richer, the OP did exactly what you did and hit a wall when their insurance denied liability. Yet you continue to use this thread to tell your story over and over again. And it’s not the first thread where you’ve done it.

OP, you got a detailed recommendation from an attorney in your state. That’s the only relevant post.

 

[Garlan Garner]

You keep giving advice based on what you did in your situation (which is in an entirely different state) but this thread isn’t about your situation.

Even richer, the OP did exactly what you did and hit a wall when their insurance denied liability. Yet you continue to use this thread to tell your story over and over again. And it’s not the first thread where you’ve done it.

OP, you got a detailed recommendation from an attorney in your state. That’s the only relevant post.

I'm not just commenting on my situation.

Read my post above yours. Its not about me.

I would give the same advice to everyone. Simple. Call both insurance companies and pick which one best fits your situation.

People keep responding to me - You should ALWAYS file a claim with your insurance company. That's not good advice and does not fit every situation.

I'm making comments to everyone who reads this thread. The OP has their situation underway, however for the rest of the thread readers....they might want to NOT get a single suggestion to ALWAYS file a claim with your insurance company because that's not always the best way to do things.

I used my situation as an example to the OP and everyone else....to do their homework. If you read the posts you would know that the lawyers advice would have cost me thousands.

 

[moridin2002]

What?

There was no case. I didn't need a lawyer.

State Farm ( other persons insurance company ) paid for everything.

My insurance company wasn't even notified. Would my insurance company have stood by me if I told them about it? Sure.

I'm telling you exactly what happened. NOT what I hoped would happen or wish would happen.


If the same person hit me again - I would do the same thing.

If ANYONE with State Farm hits me - I'm doing the same thing.

Trivia question for you: Guess what insurance company gained a new client after my ordeal?
If State farm took care of their client like they did....then I was glad to jump over and have them take care of me the same way.

I mean really. In my case….please tell my why I should have filed a claim with MY ( Geico ) insurance company. See post below this for a few more details.

So, you're saying you know more than the lawyer about his/her specific line of work. Interesting... Care to fill us in on where Einstein got Relativity wrong?

OP, take iamnid's advice. He has professional knowledge on the subject and has offered you free advice.

 

[Garlan Garner]

So, you're saying you know more than the lawyer about his/her specific line of work. Interesting... Care to fill us in on where Einstein got Relativity wrong?

OP, take iamnid's advice. He has professional knowledge on the subject and has offered you free advice.

I specifically said 3 posts ago.

I'm not a lawyer. I'm not an insurance expert...…...


If I followed the lawyers ( who is NOT a property loss lawyer ) advice in my accident....I would have been out of $4000+ at the end of my accident hoping to get reimbursed.

Filing with the other persons insurance company. cost me $0.00.

It has nothing to do with who is smart or who is not. None of this is personal.

 

[rallybob]

I am not buying his story. Get an expert in accident scenes.

First off , basic physics discounts his story. If he was first to get hit, much of the energy would be absorbed by his car. Less would be to your car. Therefore, he would have the most damage followed by you.
Talk to your insurance about this. They should see that.
Anyone with some high school or college physics lab studywork could tell you about this and how energy is dissipated. They should look at that bumper to see if it looks old. I figure he gets off and maybe gets his bumper fix for free. win, win for him. Loss for you. Don't give up.

 

[vickh]

this is why I recommend letting the pros ( your insurance co. ) handle it. Some (like USAA) like to close the claim quick per my experience, but i'd rather pay copay and let them handle

 

[dragonxlwang]

Thanks you all for the discussion! Really helpful!

In the meanwhile, as suggested by the lawyer I was about to file lawsuit against AAA and their driver and letting them know, requesting camera footage from Google where it happened, they just suddenly saying they would take 100% liability.

I just got the news and finally I could move on to the repair. Haven't mention about DV with AAA yet, I guess since I'm selling the car I could only find out how much I'm claiming after repair. Hope that they are reasonable and I could avoid going to court for that.

Only downside is that now shelter in place is enforced so most likely that there would be no body shop open for the time being.

 

[jeremymc7]

...

Okay few things.

Being in California as well and had very similar same circumstances.

Did you press Sentry button after crash to save prior recording?

Always file with your insurance company. Any decent insurance company will get you repaired asap and go after the other company for reimbursement. In my last case it was Allstate. You may or may not have to pay the deductible until they get reimbursement.

Second I just went to my doctor and told them it was an accident and they did not bill my insurance so I did not have to pay deductible. They keep a running bill going for the time it took to heal.

Pretty sure in california it doesn't matter if the person behind you was hit by someone else. It's their issue to go after the third person. Besides they are still at fault for not leaving proper stopping distance and paying attention. In my case on the freeway I had Highway Patrol come out and got an incident report. The officers wrote him up as at fault. They also noted to me he had multiple phones ringing when they search the other persons car and suspected he was a drug dealer. Get the other persons phone records and cat telmentary data.

I also didn't have medical on my auto policy at the time so my insurance wasn't going after the other company for me with medical. The other persons insurance kept transferring me to a new agent, stating agent was no longer there, getting voicemail, restating my case over and over.

My doctor said this happens all the time and recommend a lawyer we deals with these case. I met the guy. Signed a form letter. He took the case with no upfront fees and no fees if he didn't win. He asked me what I wanted. I said I just wanted enough for my bills, enough to cover his 20%, and a minor amount for pain and suffering. He said he has a program that tells him exactly what to expect without going to court. He said the insurance company has the same system. He sent them a certified letter stating intention to go to court and for high pain and suffering.

A week later, after 3 months of their insurance company dragging it out thinking I would eventually go away I got a $10,000 check for my medicals of $8,000 and $2,000 missed work, loss of sick / vacation time.

Best of luck.

 

[T3SLAROD]

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.

I just did this very thing this morning. I was parked and hit by another driver going into the space next to me. I called my insurance gave them all the info and told them I wanted to file under the other drivers insurance. Meanwhile, my car is going into the shop for repairs.

 

[jeremymc7]

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.

You obviously had more than $500 in damage (CA limit?) and someone was injured. I would have insisted offers come out. Esp since this time of scenario happens all the time with the other guy. I would possibly had just stated in the car and requested paramedics but refused an ambulance after inspection.

Ya you need a thumb drive in the car at ALL time. I bought mine before I even got the car and had it formatted with folders and everything. I put in before I even left the delivery center.

 

[jeremymc7]

I would also request you get an MRI. As someone who's had those kind of hits before you want to make sure you haven't damaged any part of your spine. And even if there is nothing there you have a baseline for comparison if you need an MRI in the future and almost everyone has back issues they were unaware of. Had my doctors done MRI's in my 20's and 30's after major hits from behind I would be where I am with my back in my 40's now.

 

[focher]

It seems there is some confusion about rear-end collisions and liability / fault in California. It is not automatic that the last car is liable, nor a middle car. The facts of the incident always matter. Take a few scenarios:

1. Two cars. First car stops suddenly because traffic in front of them has stopped. Second car collides with the rear of the first car without any extenuating circumstances (just failure to leave sufficient stopping distance). Second car will almost inevitably be determined at fault 100%.

2. Two cars. First car, in an act of anger, slams on their brakes (brake checks) the second car. The second car car collides with the first car. The first car is probably 100% at fault, but it could be ultimately split between the two - such as 90-10 because the second car didn’t leave sufficient distance.

3. Three cars. First car stops. Second car stops. Third car does not stop and no extenuating circumstances. Third car likely will be determined 100% at fault. Why? Because the second car did everything right.

4. Three cars. First car stops. Second car does not stop. Third car does not stop. Fault will likely be split between second and third car.

But let’s get funky...

5. Three cars. First car stops because someone suddenly throws a brick from an overhead pass onto their windshield. Second car is hit by a sniper on a hill, shattering their windshield and blocking all visibility. Third car swerves to avoid Bowfinger running perpendicular across traffic and collides into second car, which collides into the first car. Who’s at fault and liable? Probably none of them and everyone’s own insurance pays.

So anyone ... anyone ... who claims there are hard and fast rules needs to get a reality check, because the circumstances matter.

Best advice. Call your insurance provider and, in appropriate circumstances, get a lawyer. If you don’t like this advice, I offer 100% money back guarantees.

 

[Garlan Garner]

I just did this very thing this morning. I was parked and hit by another driver going into the space next to me. I called my insurance gave them all the info and told them I wanted to file under the other drivers insurance. Meanwhile, my car is going into the shop for repairs.

Oh no... so sorry about someone hitting you.

However.....your situation is happening the exact same way mine did.

I hope your situation turns out as fantastic as mine did.



BTW....Tesla knows all of the Tesla certified body shops close to you. Tesla was also a great help in my situation.

 

[T3SLAROD]

Oh no... so sorry about someone hitting you.

However.....your situation is happening the exact same way mine did.

I hope your situation turns out as fantastic as mine did.



BTW....Tesla knows all of the Tesla certified body shops close to you. Tesla was also a great help in my situation.

Thank you! Yeah luckily I found a Tesla certified shop near me and have a Tesla Corporate body shop close also. I don’t think this will require new body parts so hopefully a 1 week job.

Glad everything worked out for you

 

[focher]

Thank you! Yeah luckily I found a Tesla certified shop near me and have a Tesla Corporate body shop close also. I don’t think this will require new body parts so hopefully a 1 week job.

Glad everything worked out for you

Interestingly, it appears that the Shelter-In-Place orders explicitly list gas stations and automotive repair shops so being “essential businesses”.

 

[iamnid]

You guys keep claiming the same thing about filing with my insurance company no matter what - while at the same time saying that every situation and insurance company is different.

I continue to repeat the benefit I received by NOT making a claim with MY insurance company. I questioned my insurance company intensely without making a claim.

My insurance only would have only covered my rental for 30 days. ( Geico ).

I would have had to pay my deductible ( right now ).

I would have had to pay for my rental past 30 days myself. Tesla's take a LONG time to fix on average. I would have had to pay for it myself ( immediately at the end of the rental ). over $2,500.

Sure they would fight for me to get my funds back, however it wouldn't be guaranteed.

I would have had to pay $4,000+ and hope to get reimbursed.

I paid NOTHING filing with the other persons insurance company ( State Farm ). I never paid a dime.

In my case.....state why I should have filed with Geico.

You missed the point of my post as well as the title of this entire thread. In YOUR situation, you did the right thing and there was no need to file with your own insurance company.

The title of the thread reads, "at fault insurance company DENIES CLAIM." When the at fault insurance company denies claim, you are left with the options I outlined in my post.

Long story short: What happened to you doesn't apply to the situation that is the subject of this thread because the at fault insurance company was willing to deal with you and handle your claim. When they DENY your claim, the best option is to go through your own insurance company -- for all practical purposes, you don't have any other option.

Nobody said you should always file with your own insurance company.

 

[T3SLAROD]

In my case, my insurance company filed the claim to his insurance company. They are now doing an appraisal and will pay my rental.