Rear ended

[Mdoletres]

Model 3 rear ended in California. Estimate approx 2.5K. Third party claim and AAA refuses to pay because “it’s a tesla”
Tesla repair center said AAA claims they have limits and I should go thru my own insurance and pay my $500 deductible. Is it worth going thru 3rd party claim and having to go to small claims court if over 5K? It’s been almost a month with this dent. I don’t want to say it but if it was a Toyota Tacoma, I would have had it fixed my now.

 

[glide]

Model 3 rear ended in California. Estimate approx 2.5K. Third party claim and AAA refuses to pay because “it’s a tesla”
Tesla repair center said AAA claims they have limits and I should go thru my own insurance and pay my $500 deductible. Is it worth going thru 3rd party claim and having to go to small claims court if over 5K? It’s been almost a month with this dent. I don’t want to say it but if it was a Toyota Tacoma, I would have had it fixed my now.

Why on earth would you go through YOUR insurance if you were rear-ended?

 

[iwearglasses]

Why on earth would you go through YOUR insurance if you were rear-ended?

Agreed with this gentleman.
Additionally why would they even insure you if they are going to have such poop attitudes about processing a Tesla claim. Bare minimum repair would probably be a Parking Sensor bracket (assuming the sensor just fell inside) and buff out the scuffs on the tailgate and bumper.

 

[Airgetlam]

Seems odd. My model 3 was rear ended in Irvine a couple of weeks ago, with substantially more damage. Contacted Farmers, provided all the details, they set up a repair for me (waiting on parts right now) and are going after the insurance company of the guy who ran into me. Subrogation, they called it, I’m not at fault.

 

[CKwik240]

Model 3 rear ended in California. Estimate approx 2.5K. Third party claim and AAA refuses to pay because “it’s a tesla”
Tesla repair center said AAA claims they have limits and I should go thru my own insurance and pay my $500 deductible. Is it worth going thru 3rd party claim and having to go to small claims court if over 5K? It’s been almost a month with this dent. I don’t want to say it but if it was a Toyota Tacoma, I would have had it fixed my now.

It may be that their issued policy has low limits and they are concerned the total of damages may exceed the limit. In such a case, they must know the total cost of the claim before they can pay out and will require a liability release (this is not typical on a property damage case). Their responsibility is to insure and protect their insured and if the limits are an issue, they will secure a release to protect their insured. If you go through your insurance, they will receive the final costs, including lots of use, and will secure the release from you and your carrier and then pay your insurance company the limits.

You could repair it out of pocket and provide the total costs, but if it's over there insured's limits, you either have to sign the release for the limits or go to court. If their issued has such low limits, the is the risk that they may not be able to pay the balance to you out of pocket. It's a lot easier just to let your carrier handle or for you. The 2 companies I worked for on the past would make their insured's whole first upon recovery through subrogation, so deductibles would be reimbursed. Can't speak for all companies though.

 

[3Volts2aTes]

Going through your own would be easiest and quickest.

Depending on where you are, the proper thing would be to simply sue their insured directly since the company denied the claim.

However, it would end up costing you more and not be worth it, and drag out getting it repaired, etc. But…if they chose insurance that won’t cover them for their actions, it is what should happen more often. Not worth the effort and expense, though.

 

[KenC]

Maybe I'm misunderstanding your explanation, but I'd go to your insurance and have them deal with the 3rd-party's insurance, AAA.

 

[ColoradoMike]

Why on earth would you go through YOUR insurance if you were rear-ended?

It actually can be confusing.

Was a police report filed? If yes....get a copy.

We have been through this a bunch over the past decade. If you go through YOUR insurance company, you 'should' get your car back sooner if there is an issue with the offender that hit you.

USAA is pretty good when this happens and then they go back and forth with the person that was at fault. THEY file against the offending insurance company.

YOU pay for insurance. Depending on your policy/company this is actually kind of common.

If the OP was NOT AT FAULT, then it is something that insurance companies deal with every day.

SUGGESTION to the OP. Call your insurance company and see what is going on. REMEMBER, you pay for coverage.

 

[Willy’sEV]

Poster above had it right, you go thru your insurance co.
They subrogate with other insurance co and work to recover your deductible.

 

[Mdoletres]

It actually can be confusing.

Was a police report filed? If yes....get a copy.

We have been through this a bunch over the past decade. If you go through YOUR insurance company, you 'should' get your car back sooner if there is an issue with the offender that hit you.

USAA is pretty good when this happens and then they go back and forth with the person that was at fault. THEY file against the offending insurance company.

YOU pay for insurance. Depending on your policy/company this is actually kind of common.

If the OP was NOT AT FAULT, then it is something that insurance companies deal with every day.

SUGGESTION to the OP. Call your insurance company and see what is going on. REMEMBER, you pay for coverage.

Errrr. Yeah I wish this was the case. My insurance company is telling me to pay my deductible ($500) and go through them and will get my deductible back. But I’m thinking it was not my fault! It should be common sense to go thru the person who hit me, their insurance AAA. Apparently tesla collision center, AAA and my insurance company all agree that the persons insurance has “limits” and I should just go thru my own insurance and pay the deductible and be over with it. The estimate is only 2.5K. In California liability insurance is minimum 5K. So I’m not sure why all three agree to go with my own insurance . Maybe just to save my sanity. I also read something about DIMINISHING OF VALUE claim. And I’m learning that my insurance company does not work for me but actually seems to just want more money.

 

[Mdoletres]

Poster above had it right, you go thru your insurance co.
They subrogate with other insurance co and work to recover your deductible.

Yeah I think that is what I’m going to do. Parts seem to be about $800 but then there’s labor so the bill comes to 2.5K. I’ll just pay my deductible then $500 and get it back. Know anything about a diminished value claim?

 

[Mdoletres]

Why on earth would you go through YOUR insurance if you were rear-ended?

Oh how I wish this were true.

 

[Mdoletres]

Seems odd. My model 3 was rear ended in Irvine a couple of weeks ago, with substantially more damage. Contacted Farmers, provided all the details, they set up a repair for me (waiting on parts right now) and are going after the insurance company of the guy who ran into me. Subrogation, they called it, I’m not at fault.

Yeah. Subrogation is the way to go.

 

[Mdoletres]

It may be that their issued policy has low limits and they are concerned the total of damages may exceed the limit. In such a case, they must know the total cost of the claim before they can pay out and will require a liability release (this is not typical on a property damage case). Their responsibility is to insure and protect their insured and if the limits are an issue, they will secure a release to protect their insured. If you go through your insurance, they will receive the final costs, including lots of use, and will secure the release from you and your carrier and then pay your insurance company the limits.

You could repair it out of pocket and provide the total costs, but if it's over there insured's limits, you either have to sign the release for the limits or go to court. If their issued has such low limits, the is the risk that they may not be able to pay the balance to you out of pocket. It's a lot easier just to let your carrier handle or for you. The 2 companies I worked for on the past would make their insured's whole first upon recovery through subrogation, so deductibles would be reimbursed. Can't speak for all companies though.

Thank you. This makes sense.

 

[3Volts2aTes]

Yeah I think that is what I’m going to do. Parts seem to be about $800 but then there’s labor so the bill comes to 2.5K. I’ll just pay my deductible then $500 and get it back. Know anything about a diminished value claim?

Don’t be surprised if the total goes up after they open it up. Unfortunately, that is why they are initial estimates. More than likely their insurance is the 5K minimum (which is simply laughable) and they are expecting the total to go up once it is in the shop.

 

[SageBrush]

Don’t be surprised if the total goes up after they open it up. Unfortunately, that is why they are initial estimates. More than likely their insurance is the 5K minimum (which is simply laughable) and they are expecting the total to go up once it is in the shop.

Exactly.

I checked -- auto property damage liability minimum is indeed $5k in California.
I live in NM, our minimum may as well be $0 due to the the number of uninsured, let alone underinsured, motorists in the state.

I just accept the situation as a form of socialized insurance (whereby the insurance companies profit, naturally) and deal with it. Most of my car insurance premiums are from UIM, and an umbrella policy to ward off the scum.

A question for insurance aware folks:
Will subrogation lead to premium price hikes if the insurance company is not made whole ?

 

[Willy’sEV]

Exactly.

I checked -- auto property damage liability minimum is indeed $5k in California.
I live in NM, our minimum may as well be $0 due to the the number of uninsured, let alone underinsured, motorists in the state.

I just accept the situation as a form of socialized insurance (whereby the insurance companies profit, naturally) and deal with it. Most of my car insurance premiums are from UIM, and an umbrella policy to ward off the scum.

A question for insurance aware folks:
Will subrogation lead to premium price hikes if the insurance company is not made whole ?

Yes.
Let’s say you get 75% of the deductible back, that means that your insurance company deems you 25% responsible.
Also, once they subrogate, the decision is final. I seem to remember you get a letter from them telling you what is going on and you can opt out of it, but if you don’t the decision is final.

A premium increase could also occur even if you get 100% back but you have had claims with them in the past over recent years. Moving violations can affect the premiums also.

 

[SageBrush]

Yes.
Let’s say you get 75% of the deductible back, that means that your insurance company deems you 25% responsible.

I was wondering more about the case where my car/person damages are greater than the limits of the at-fault driver.

 

[CKwik240]

Yes.
Let’s say you get 75% of the deductible back, that means that your insurance company deems you 25% responsible.
Also, once they subrogate, the decision is final. I seem to remember you get a letter from them telling you what is going on and you can opt out of it, but if you don’t the decision is final.

A premium increase could also occur even if you get 100% back but you have had claims with them in the past over recent years. Moving violations can affect the premiums also.

Not in CA. A chargeable accident is considered to be 51% or more at fault. Your premium can not go up for a non-chargeable accident. Neither party gets charged when it's 50/50 liability. It's also only your insurance company's decision that can't affect your rates. Where a lack of evidence exists on both sides (with no admission from either party), both carriers can find their own insured not at fault. If the accident is not chargeable, they can not increase your rates. That said, under certain circumstances, they may drop you. Had a case once where the 2 parties were engaged in road rage and the outcome was 50/50. We couldn't charge them, but it underwriting department was notified of the circumstances and he was likely not renewed.

The insurance company's decision is not final either. If you file suit and have a better outcome, you can provide the decision to your insurance company. Not sure if this would apply to a default judgement.

There no opting out of subrogation. The insurance company has the right to go after any damages they pay for that they feel another party is legally responsible for. I don't know if there are exceptions to this in other states. I've never heard of any.

 

[Big Dog]

Agreed with this gentleman.
Additionally why would they even insure you if they are going to have such poop attitudes about processing a Tesla claim. Bare minimum repair would probably be a Parking Sensor bracket (assuming the sensor just fell inside) and buff out the scuffs on the tailgate and bumper.

You guys are whack; every state has different insurance laws.

In a fault state like California, it is much easier to go thru your own carrier and let them get reimbursed from the other guy. By law, your carrier cannot raise your rates when the other guy is at fault.

So yeah, pay the $500 deductible up front to get your car fixed, and let your carrier get that $500 back for you (when they get reimbursed themselves).

"It should be common sense to go thru the person who hit me, their insurance AAA." No, common sense is just the opposite. You do not pay AAA premiums. You are not their customer. You pay your insurer to insure you. Call them and let them do the job taht you are paying them for. Easy-peasy.

"I was wondering more about the case where my car/person damages are greater than the limits of the at-fault driver."

Perhaps true, and another reason to call your own carrier and let them handle it. And they can process the under-insured subrogation claim thru the State under-insured program (different than AAA).