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Rear ended

Big Dog

Active Member
Mar 7, 2016
1,942
2,197
Irvine, CA
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?
Expect it to go much higher once they open it up. My Daughter's Audi A3 was hit in a parking lot and the rear bumper was pushed in. Initial estimate was $1800; final tally was $12k, once they took off the bumper and found that the struts, cameras, et al were damaged. It was $850 alone just to recalibrate the back-up cameras.
 
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dmurphy

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

Because they have an army of lawyers whose job it is to protect the carrier and their shareholders. In my case, my insurance is through a mutual insurance company, which means that I'm one of those shareholders. So the army of lawyers work for me.

Filing against a third party insurance company -- they have the same army of lawyers with the same mission... As a third party, you're not their vested interest.

Simply, that's why. I'd rather let the folks that I pay, who work for me, do their job, than try to do a piss-poor job doing it for them.
 
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Big Dog

Active Member
Mar 7, 2016
1,942
2,197
Irvine, CA
Because they have an army of lawyers whose job it is to protect the carrier and their shareholders. In my case, my insurance is through a mutual insurance company, which means that I'm one of those shareholders. So the army of lawyers work for me.

Filing against a third party insurance company -- they have the same army of lawyers with the same mission... As a third party, you're not their vested interest.

Simply, that's why. I'd rather let the folks that I pay, who work for me, do their job, than try to do a piss-poor job doing it for them.

Bingo. I've never understood the abject fear of demanding that your auto insurer do the job for which you pay them thousands of dollars.
 
I don't think it has been mentioned yet, but underinsured motorists can be sued in small claims court for the excess amount not paid for by their insurance company. In this case where the excess is likely only a few thousand or less, I would likely choose this path.
One could. But it may not be necessary. In CA can purchase UMPD coverage which has a limit, or buy Collision coverage with a UM Collision Deductible Waiver. If the OP has the latter, then his damages will be covered. Loss of use (unless he has rental coverage) and any property damage not covered by his policy are his only potential exposures. Bear in mind that the other carrier may be concerned with limits but it's not confirmed yet at this point that it's overrun the limits. The other carrier can't offer to pay if it's close as they may end up bound to paying the entire repair if they give the go ahead and it ends up exceeding the limits after repairs start. Detrimental Reliance...

No need to jump into a lawsuit. Chances are, if his carrier is paid the limit, they will eat the difference and move on. People who purchase minimum limits typically don't have much income or assets to go after. And judges and juries tend not to be very sympathetic to large insurance companies going after the "little guy".
 
Expect it to go much higher once they open it up. My Daughter's Audi A3 was hit in a parking lot and the rear bumper was pushed in. Initial estimate was $1800; final tally was $12k, once they took off the bumper and found that the struts, cameras, et al were damaged. It was $850 alone just to recalibrate the back-up camera
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 ?
 

dmurphy

Active Member
Supporting Member
I don't think it has been mentioned yet, but underinsured motorists can be sued in small claims court for the excess amount not paid for by their insurance company. In this case where the excess is likely only a few thousand or less, I would likely choose this path.

Serious question:

What are the odds that someone who is carrying a minimum ($5,000) amount of liability will have the ability to repay, in a timely manner, an award from small claims court?
 
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Serious question:

What are the odds that someone who is carrying a minimum ($5,000) amount of liability will have the ability to repay, in a timely manner, an award from small claims court?
Winning and being awarded as an individual would not be difficult so long as you can prove your case. The issue is collecting. If they can't pay, then you have to go back to court to go after assets or garnish wages. And if you have insurance that would cover your damages, the courts likely won't take too kindly to you going after an individual like this if you have other financial options available to you.
 
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dmurphy

Active Member
Supporting Member
Winning and being awarded as an individual would not be difficult so long as you can prove your case. The issue is collecting. If they can't pay, then you have to go back to court to go after assets or garnish wages. And if you have insurance that would cover your damages, the courts likely won't take too kindly to you going after an individual like this if you have other financial options available to you.

Exactly. I'm not saying you couldn't easily prove the case and win... That'd actually be fairly straightforward. It's, as you said, collecting.

If someone is in the position where they're carrying bare-minimum liability, the likelihood is that they don't have the liquid capital hanging around to pay an award easily.

Purely being pragmatic, it's much easier to let the insurance company handle this and, as you said, I doubt the judges would be sympathetic when such an avenue is available.

Sounds great in theory, but the practical aspect makes it a much less appealing option.
 
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It’s getting better. Hopefully we all learn something from this. So I decided to go thru my insurance. “Subrogate.” AAA accepts responsibility so I don’t have to pay my deductible. My own insurance only has 30$ daily rental for 30 days and my insurance states they will go after AAA for the additional out of pocket cost for rental. Next question….do I have to take it to a repair shop my insurance gave me a list for or can I take it to a tesla collision shop of my choice? I looked up reviews on the list of shops they gave me and all say to stay away if you own a Tesla. Shiiiiiiiiiiii I still have to look up diminished value claim.
 
It’s getting better. Hopefully we all learn something from this. So I decided to go thru my insurance. “Subrogate.” AAA accepts responsibility so I don’t have to pay my deductible. My own insurance only has 30$ daily rental for 30 days and my insurance states they will go after AAA for the additional out of pocket cost for rental. Next question….do I have to take it to a repair shop my insurance gave me a list for or can I take it to a tesla collision shop of my choice? I looked up reviews on the list of shops they gave me and all say to stay away if you own a Tesla. Shiiiiiiiiiiii I still have to look up diminished value claim.
You have the right to take it to any shop you wish.
 
Serious question:

What are the odds that someone who is carrying a minimum ($5,000) amount of liability will have the ability to repay, in a timely manner, an award from small claims court?
Minimal. But also because it does not happen and they get to continue to carry a minimum with no consequences or worries. It isn’t worth the effort…agreed.
 
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as others have said, i'd be shocked if this is only $2500. i had more damage than that from where a girl backed into me in a parking lot (rear bumper and passenger quarter panel), and their initial estimate was also $2500. the total was just shy of $9k.

you've got less damage than me, but i just find it hilarious that they both had the same initial estimate. it will be at least double that, IMO.

Not if it's a not-at-fault, non-chargeable accident.

Spent $21k of my insurance company's money on a deer hit - my premium went down at next renewal.

to elaborate a bit more on this specifically for CA (we'll see when i get my renewal in november, but this is what my agent told me): premiums only go up if you are 51% or more at fault. even a 50/50 accident should not raise your premiums.

my accident that i just mentioned was found to be 50/50 - which i disagree with strongly - but our agent told me it's not worth the time and effort fighting because my rates shouldn't go up for a 50/50 split accident.

edit: just noticed that another poster had commented on this scenario in CA, so hopefully my agent is right and i don't get any surprises in november.
 

Big Dog

Active Member
Mar 7, 2016
1,942
2,197
Irvine, CA
It’s getting better. Hopefully we all learn something from this. So I decided to go thru my insurance. “Subrogate.” AAA accepts responsibility so I don’t have to pay my deductible. My own insurance only has 30$ daily rental for 30 days and my insurance states they will go after AAA for the additional out of pocket cost for rental. Next question….do I have to take it to a repair shop my insurance gave me a list for or can I take it to a tesla collision shop of my choice? I looked up reviews on the list of shops they gave me and all say to stay away if you own a Tesla. Shiiiiiiiiiiii I still have to look up diminished value claim.

Per California law, you can take your car to any shop that you like. (google is your friend)

That said, expect that the at-fault carrier (AAA?) to balk at paying Tesla body shop rates. When I took my D's car into a private shop with great reviews and a much higher labor rate than what the insurer wanted to pay, they finally negotiated something acceptable. (As an aside, I wanted OEM parts as the car was only 2 years old, so I told the shop I would pay for the difference between OEM and the after-market price as that was what the insurer was paying.)

P.S. Make sure you get a rental that is a similar class car. They can't force you into a Corolla when you have a four-door mid-sized sedan.
 
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Per California law, you can take your car to any shop that you like. (google is your friend)
Yes. It'll also say this on the estimate the insurance company gives you or if a shop gives you an estimate on behalf of an insurance company.
That said, expect that the at-fault carrier (AAA?) to balk at paying Tesla body shop rates. When I took my D's car into a private shop with great reviews and a much higher labor rate than what the insurer wanted to pay, they finally negotiated something acceptable. (As an aside, I wanted OEM parts as the car was only 2 years old, so I told the shop I would pay for the difference between OEM and the after-market price as that was what the insurer was paying.
Expect even your own carrier to negotiate rates with any shop that is charging more than they typically pay.

As for OE parts, push the insurance company harder. They may offer used OE parts. I'm personally pay with that.
P.S. Make sure you get a rental that is a similar class car. They can't force you into a Corolla when you have a four-door mid-sized sedan.
This isn't that black and white. The standard is comparable. This can be interpreted different ways. Size. Age. Features. Function.
 

gaswalla

Model S,3,X.. CT with Austin delivery
Sep 23, 2012
4,117
5,154
San Diego
i've been rear ended before too.. but OP's picture looks very minor.. the local service center will pop on a pre-painted bumper (they have a bunch in stock).. reposition the sensor that fell through, and buff out the trunk lid... OP could be in a much worse situation
 

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