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Rear ended
- Thread starter Mdoletres
- Start date
No conflict whatsoever. The only folks who are confused are those who do not live in California. Those of us who understand CA insurance law are in sync. (Anyone can educate themselves by googling Prop 103 and the CA Dept of Insurance.)
Actually I believe the replies have been fairly universal, with minor exceptions - some form of:
‘You could sue the insured and it would be a pain, and not worth the effort. The best, and easiest solution is to run the claim through your own insurance and let them work it out with the other parties.’
Which is the course of action the OP has already taken, if I have kept up correctly.
So that your insurance company will pay to fix your car and then subrogate the claim to the at-fault driver's insurance company. Your insurance company's lawyers are probably better at prying the money out of the at-fault driver's insurance company than you will be if the at-fault driver's insurance company stonewalls you.
It would be rare that any attorneys are actually involved at all between companies. Most insurance companies have adjusters negotiating with each other. In a worst case scenario, most companies file Intercompany Arbitration to settle disputes. Lawsuits between companies are rare.
Some of us not as smart as you, me included. Prop 103 and CA Dept of Insurance is complex.
For me, not one of the smart ones, I call my agent who gets paid to do this stuff.
Good luck to the OP
teacher
Dec.'14 P85DL '18 MX 100D
My model S was rear ended and totaled out I went directly to their insurance (AAA) they paid me with no hassles except they tried to low ball me on the actual value of my car in the end I got more then I expected. if you go through your insurance they'll see it as a claim which might make your premium increase plus why pay a deductible?
davewill
Active Member
My insurance company (all actually) is the same way- I was rear ended, but immediately called my own insurance agency to file claim- that's why we have auto insurance. If, such as in our case, there's no question other party is at fault, your insurance adjuster/agency goes to bat to make sure you get any/all from the at fault insurance Co. Including rental car, etc.
If you don't involve your own insurance, you're ultimately at the mercy of a company who is trying to spend as little as possible and cut corners. And then it's on you to know what coverage they have and what you're entitled to.
(Just an aside as I formerly worked for a large auto insurance co.)
So don't feel bad about calling them, it doesn't mean you'll have to pay anything you shouldn't
If you're not at fault your premium will not go up because of a claim. If the other person is at fault, your insurance company will be paid via subrogation. This is universal among car insurers. I feel I have better service and trust my company- otherwise it's like having no defense lawyer and someone will try to get away with paying as little as possible. Just my opinion from experience.
The interesting thing is apparently the other insurance company is refusing to make whole. I'm not in the middle, thankfully, but it's entirely possible that the vehicle's insurance had expired. Certainly the documentation shown to me was about 4 months past valid. However, my insurance company has both repaired the vehicle, and made me whole for the expenses I'd been held accountable for , including vehicle rental costs while the Tesla was in the shop. It's now between Farmers and either the other insurance company, and/or the driver of the vehicle.
Wish it hadn't been a pickup that received no damage....Maybe I should put spikes on the rear of my car....
Wish it hadn't been a pickup that received no damage....Maybe I should put spikes on the rear of my car....
