Car Accident

[Mjcpr]

So how does this usually go with your insurance company?

My wife had a car accident the other night when it was raining. She went through a yellow light and the other car turned into the intersection on a yellow, then red (admitted by the driver) light which is when they collided. They exchanged info on accident report forms and went on their way.

Our insurance company offered 3 choices: 1) pay for it ourselves, 2) try and get the other guy's insurance to pay or 3) pay the deductible and they'd pay the rest to have the car fixed. I thought that was the insurance company was for, to try and get the other guy to pay but I guess not.

Now the other guy has contacted our insurance company to pay saying it was my wife's fault. I'd say they were about equally at fault but who knows? Our agent says they'll decide who was at fault (somehow) and then pay/not pay accordingly.

Does all that sound about the way it's supposed to go?

[StoopTroup]

I think you should have called the PO-Lease unless you and the other driver had been drinking.

[Okla-homey]

So how does this usually go with your insurance company?

My wife had a car accident the other night when it was raining. She went through a yellow light and the other car turned into the intersection on a yellow, then red (admitted by the driver) light which is when they collided. They exchanged info on accident report forms and went on their way.

Our insurance company offered 3 choices: 1) pay for it ourselves, 2) try and get the other guy's insurance to pay or 3) pay the deductible and they'd pay the rest to have the car fixed. I thought that was the insurance company was for, to try and get the other guy to pay but I guess not.

Now the other guy has contacted our insurance company to pay saying it was my wife's fault. I'd say they were about equally at fault but who knows? Our agent says they'll decide who was at fault (somehow) and then pay/not pay accordingly.

Does all that sound about the way it's supposed to go?

Yes, particularly when you don't call the cops and get a police report of the accident. Sheesh man. Didn't they cover that in Drivers Ed?

[yermom]

i don't understand... what directions were they going?

i don't see how they could both have a yellow light unless the person was facing her and turned left into her lane, in which case it should be the other person's fault since you always have to yield when turning left

but anyway, i thought that your insurance company only paid if they can't get the other one to pay.

[Mjcpr]

We did call the police, they gave us the forms. That was his suggestion, to exchange info and move on thus avoiding tickets for all involved.

[Howzit]

We did call the police, they gave us the forms. That was his suggestion, to exchange info and move on thus avoiding tickets for all involved.

Not suprising, considering it was his fault.

[Mjcpr]

i don't understand... what directions were they going?

i don't see how they could both have a yellow light unless the person was facing her and turned left into her lane, in which case it should be the other person's fault since you always have to yield when turning left

but anyway, i thought that your insurance company only paid if they can't get the other one to pay.

That is what happened, he was turning left across the street on which she was traveling. He had to have had a solid green which turned yellow and then red on him because her light was green then turned yellow; she should'be stopped on the yellow but didn't.

[PhxSooner]

I got hit in a parking lot, so no cops were involved. My insurance asked for a diagram of what happened, decided the other person was at fault, and the other insurance paid. The difference for you is that the person that hit me flat out admitted it was her fault, which I'm sure didn't make her insurance company very happy.

[Mjcpr]

Not suprising, considering it was his fault.
No, that was the cop's suggestion!

[yermom]

more like he should have yielded to her, but didn't.

now, as a courtesy a lot of people will stop on the yellow when they see someone out past the intersection trying to turn...

[PhxSooner]

Is there an accident report from the cop? Or just your wife and the other driver?

[Mjcpr]

Is there an accident report from the cop? Or just your wife and the other driver?

Just my wife and other drive.....basically, they just exchanged info like they do around here during "Operation Slick Streets" when there are no injuries involved.

[StoopTroup]

Still no mention of whether or not either driver was drinking....

Very peculiar. ;)

[Mjcpr]

Still no mention of whether or not either driver was drinking....

Very peculiar. ;)

Heh. I couldn't tell you the last time my wife had a drink of alcohol.

I just thought it was unusual for our agent to tell us WE need to contact the other ins company and see if they'll pay; I thought that was his job. But I haven't ever had to file a claim so I don't know for sure.

[jk the sooner fan]

there are several things to consider

who had control of the intersection?

if the other guy turned across your wife's right of way, then you should file a claim against his insurance and leave your own carrier out of it

your carrier cant/wont file a claim against another carrier for you

unless they repair your car and then want to subrogate - but that will be a hit against your own policy

[Okla-homey]

if the other guy turned across your wife's right of way, then you should file a claim against his insurance and leave your own carrier out of it

your carrier cant/wont file a claim against another carrier for you

unless they repair your car and then want to subrogate - but that will be a hit against your own policy

I agree with all the above, except the part about a rate increase with his first party insurer if they fix his car, he wasn't at fault, and they are reimbursed through subrogation. Generally, unless he's had a spate of similar claims, his premiums should not increase.

Sounds like the other guy is not conceding fault. The matter will turn on the finding of who was at fault. With no citations issued, and presumably no identifiable witnesses, that could take a while. In the meantime, that's what "collision" and/or "comprehensive" coverage is for. Making a substantial claim under those coverages often results in a rate jack.

[StoopTroup]

To bad Johnny Cochran is dead.

[Mjcpr]

there are several things to consider

who had control of the intersection?

if the other guy turned across your wife's right of way, then you should file a claim against his insurance and leave your own carrier out of it

your carrier cant/wont file a claim against another carrier for you

unless they repair your car and then want to subrogate - but that will be a hit against your own policy

He turned across her but I figured they were both at fault because of the yellow/red light. She drove through the yellow and he admitted his light was red when he began to go through but to her and nobody else so I'm sure it'll be a he said/she said.

We kind of left it that there was some fault by both parties so I figured we'd take care of our own and move on; then, naturally, he files a claim with our insurance. We'll do the same and see what happens I guess. The only other witness was me. She is supposed to take her car tomorrow for a rep of his insurance company to look at the damage....I assume they'll take a statement from her at that time too to determine fault.

[LoyalFan]

Usually, someone will stop to inquire "Is everyone OK. Anything I can do?" Well, there is...
If involved in an accident which is not your fault, try darned hard to collect business cards, phone numbers, etc, from ANYONE who may have witnessed the event.
Circa 1998, a young "lady" tried to beat a red light to make a left turn across my lane, for which the light was now green. The car ahead of me got through OK but the stupid little messican itch-bay nearly tore the nose off my Supra.
Had the little dimwit hit me two feet further back I'd have been toast.
A lady MD behind me got out to assess the my physical condition. Once assured that I was still 49% alive she gave me her card and left. Another motorist did the same, card-wise.
When the cop got there he took a report, informed me that they no longer issued citations when no other violations were involved, and went on his way.
The sorry little taco bender was a pharmaceutical rep, driving a company car. She told her boss that I was at fault...that she had a green arrow. THAT guy, some heavily accented dork from Afripakiranistindiaborneo, called me and demanded that I pay for the car, damage to whatever pill samples she was toting, and "personal distress". Then, the adjuster representing his insurance called to tell me that they would be going after me and USAA for the same reasons.
The scrofulous little cucuracha had lied to all concerned.
Then, I gave the adjusters (Mine and theirs) the numbers for the witnesses.
Voila! Happy ending for me...twice BlueBook for my rice rocket, and another 10K for "Unspecified injuries".
Bonus! The wretched refuse of Meh-hee-ko's teeming shores got her arse fired too.
I still get all warm and fuzzy when I think of it, especially since, three months later, I spotted her stocking shelves (Refried Bean Section) at the local supermarket. God is Great!

Moral:WITNESSES!

LF

PS to Mjcpr: I hope Lady D. is OK. Is Junior still playing that trumpet you bought from me?...hope so.

[soonerbrat]

the person making the left turn is more at fault

[Harry Beanbag]

Our insurance company offered 3 choices: 1) pay for it ourselves, 2) try and get the other guy's insurance to pay or 3) pay the deductible and they'd pay the rest to have the car fixed. I thought that was the insurance company was for, to try and get the other guy to pay but I guess not.



Some guy bumped us from behind last month while we were stopped at a red light. The wife called the police so we have a police report and everything. I called our insurance company to find out what I was supposed to do and they gave me the same three options. Like you, I was confused and asked why I had to do the work with the other dude's insurance since I thought that's what my insurance company was for and they told me they can't act as an attorney for us.

[jk the sooner fan]

I agree with all the above, except the part about a rate increase with his first party insurer if they fix his car, he wasn't at fault, and they are reimbursed through subrogation. Generally, unless he's had a spate of similar claims, his premiums should not increase.

Sounds like the other guy is not conceding fault. The matter will turn on the finding of who was at fault. With no citations issued, and presumably no identifiable witnesses, that could take a while. In the meantime, that's what "collision" and/or "comprehensive" coverage is for. Making a substantial claim under those coverages often results in a rate jack.

the key phrase being "should NOT"

but typically it will

[jk the sooner fan]

He turned across her but I figured they were both at fault because of the yellow/red light. She drove through the yellow and he admitted his light was red when he began to go through but to her and nobody else so I'm sure it'll be a he said/she said.

We kind of left it that there was some fault by both parties so I figured we'd take care of our own and move on; then, naturally, he files a claim with our insurance. We'll do the same and see what happens I guess. The only other witness was me. She is supposed to take her car tomorrow for a rep of his insurance company to look at the damage....I assume they'll take a statement from her at that time too to determine fault.

his duty of caution is much greater than your wife because he's crossing a right of way

he's at fault for the accident - i could see where his carrier MIGHT knock 10% off your claim because you were in the yellow - but if you fought it, you'd most likely win


most appraisers are not adjusters and wont take a statement from her regarding the accident

[Mjcpr]

his duty of caution is much greater than your wife because he's crossing a right of way

he's at fault for the accident - i could see where his carrier MIGHT knock 10% off your claim because you were in the yellow - but if you fought it, you'd most likely win

most appraisers are not adjusters and wont take a statement from her regarding the accident

So she could go see their adjuster and we should hope they accept fault and pay the claim? I'm not really sure where to go after she takes the car to the his adjuster (Allstate).

[jk the sooner fan]

go see? heavens know, call their claim center and file a claim against his policy

they'll tell you what is next - the appraiser writes the repair estimate

the adjuster works the claim

[Mjcpr]

PS to Mjcpr: I hope Lady D. is OK. Is Junior still playing that trumpet you bought from me?...hope so.

Oh yeah, she's fine, I'm fine...the other guy was fine. She has a Jeep Liberty and it seemed to fare pretty well, his van definitely has more damage. Nobody's airbag deployed, which I thought was odd.

Yeah, he still plays it. I don't think anyone is going to confuse him with Dizzy Gillespie but he still plays. Less video gaming and more practice time would help that, but.... He's in 8th grade "advanced" band and doing well. I think moving on to high school it will get tougher so we'll see if he wants to continue.

[Mjcpr]

go see? heavens know, call their claim center and file a claim against his policy

they'll tell you what is next - the appraiser writes the repair estimate

the adjuster works the claim

Yeah, that's what she did....and they scheduled tomorrow's appointment to look at the car. That's what I meant by "go see the adjuster"......or whatever this guy will be.

[jk the sooner fan]

he should be an appraiser - but you never know

[Mjcpr]

I'll let you know what he says and you can guide us from there. :D

[jk the sooner fan]

feel free to shoot me a pm or email

[Mjcpr]

It was an appraiser and based on his estimate, it wouldn't even be worth filing a claim with our insurance company if they don't pay....it's only about $300 over the deductible.

Hopefully they'll pony up. :)

[jk the sooner fan]

sounds like minor damage

unless you have a 5000 deductible ;)

[TexasSooner01]

When I had my accident where a cement truck totaled my car, i got the same three options. So I had my insurance take care of my car and then my insurance company subrogated against the cement truck's insurance co.

The reason the guitly parities insurance co. dont just jump to pay is because the insurance company has to conduct an investigation and complete it first. It is just their way of dragging things out. That is why i had my insurance company take care of my car when i had my wreck.

It took nearly 2 months for the other insurance company to complete its investigation. They have since accepted liability and have issued check to my insurance co. to reimburse them.

[jk the sooner fan]

2 months? you must have been dealing with the company i used to work for

[1stTimeCaller]

you should call the other guy's insurance company.

[TexasSooner01]

2 months? you must have been dealing with the company i used to work for


I think it took so long b/c the insured driver (who fled the scene of the accident) was not cooperating with them.

I got the same response from the police officer...here is the form for the report fill it out and mail it in...after the officer called the company the driver worked for to get him back to the scene.

I really felt that this paticular officer did not want to be bothered by making a report and/or pressing hit and run charges on the driver...so it was easier for her to give the form to me...

[jk the sooner fan]

well, we would routinely delay claims if we didnt get cooperation from our insured.......which is legal to do but there are times when its obvious and you just pay the claim

[jk the sooner fan]

it wasnt insurance depot or u.s. auto was it? (not to be confused with USAA)

[SoonerJack]

LoyalFan, your story makes me happy for truth, justice, and the American Way (not so much for the Mexican-American way).

[OUDoc]

Heh. I couldn't tell you the last time my wife had a drink of alcohol.

I just thought it was unusual for our agent to tell us WE need to contact the other ins company and see if they'll pay; I thought that was his job. But I haven't ever had to file a claim so I don't know for sure.
Apparently, this is the new insurance deal. Your agent takes your money.
That's all he does. If there's an accident, you have to do all the work. You call the other guy's insurance company. You call your insurance's collision line. The agent gets mailed the difference between the pay off and what you got from them, but they don't tell you about all the paperwork you have to bring with you before you can get the check. That way you can come back a few times.
That's how my wreck went. :mad:

Although they did get upset with us that we contacted our own insurance's collision 1-800 number before we could get a hold of anyone at their office (wreck happened at 7AM Christmas Eve). Seeing as how the local office didn't do **** to help us with the accident, I can't see how it mattered.

[Vaevictis]

OUDoc, it seems like that would be an easy problem to solve: Sumbitch ain't working in your best interest = fire his ***.

[jk the sooner fan]

when you buy insurance, your company is contractually obligated to take care of your claims

but they cant get involved in third party claims

the other carrier wouldnt allow it anyway

[Taxman71]

Apparently, this is the new insurance deal. Your agent takes your money.
That's all he does. If there's an accident, you have to do all the work. You call the other guy's insurance company. You call your insurance's collision line. The agent gets mailed the difference between the pay off and what you got from them, but they don't tell you about all the paperwork you have to bring with you before you can get the check. That way you can come back a few times.
That's how my wreck went. :mad:

Although they did get upset with us that we contacted our own insurance's collision 1-800 number before we could get a hold of anyone at their office (wreck happened at 7AM Christmas Eve). Seeing as how the local office didn't do **** to help us with the accident, I can't see how it mattered.

All the more reason to insure with Geico or any other faceless insurance company that offers the cheapest rates. IMHO, the agents charge more solely to pay their commission without any more service (or as much) as the Geicos. I no longer have Geico, but, when I did and had a claim, it was smooth and quick.

[TheHumanAlphabet]

So how does this usually go with your insurance company?

My wife had a car accident the other night when it was raining. She went through a yellow light and the other car turned into the intersection on a yellow, then red (admitted by the driver) light which is when they collided. They exchanged info on accident report forms and went on their way.

Our insurance company offered 3 choices: 1) pay for it ourselves, 2) try and get the other guy's insurance to pay or 3) pay the deductible and they'd pay the rest to have the car fixed. I thought that was the insurance company was for, to try and get the other guy to pay but I guess not.

Now the other guy has contacted our insurance company to pay saying it was my wife's fault. I'd say they were about equally at fault but who knows? Our agent says they'll decide who was at fault (somehow) and then pay/not pay accordingly.

Does all that sound about the way it's supposed to go?

Had this happen to me in Norman. 16-y.o. kid was pushing a left turn light and speeding through the intersection. A guy in front of me was turning right and I was proceeding straight through. I entered the intersection and the light turned yellow, I believe he had a red light, though he may have had a changing light. He hit my right front quarter and skidded down my side. NPD responded, he was listed as auto#1, me auto#2, but cited no one. I filed, he filed and the insurance companies subrogated the issue. In the meantime, I paid my deductable and my insurance covered the repair. It was officially a chargable accident until they found the kid at fault and I got my deposit check, then it became non-chargable.

[yermom]

It was an appraiser and based on his estimate, it wouldn't even be worth filing a claim with our insurance company if they don't pay....it's only about $300 over the deductible.

Hopefully they'll pony up. :)


what about all of the soft tissue damage?

[OUDoc]

what about all of the soft tissue damage?
And this smudge here that looks like my fingerprint? That's trauma.

http://www.atlantaillustrated.com/blogs/blog02/uploaded_images/dr_nick_riviera-734744.jpg

Send her my way, I'll get her fixed up.

[TexasSooner01]

it wasnt insurance depot or u.s. auto was it? (not to be confused with USAA)


Nope it was Arognaut (Colony Ins).