Auto Accident Claim

[SanJoaquinSooner]

On the interstate highway, a major accident halts all traffic in all southbound lanes. Car A does not notice the traffic has come to a stop and rearends Car B, which in turn rearends Car C which then rearends Car D.

I was driving Car C. My car, only 5 months old, is totaled. I had an injury -a dislocation in my hand, but thankfully no broken bones or torn ligaments. The car behind me was also totaled and had a more serious injury... so I felt lucky all things considered.

I have $500 deductible collision coverage and $30/day rental for a few more days. In a day or two, my insurance company will tell me how they priced out my loss under my collision coverage.

Also in a few days, the accident report will be available and I fully expect the driver of Car A to be found at fault.

Now, Car A's insurance company is the same as mine. What are the important distinctions between filing a claim based on my collision coverage and filing a claim against the same company based on Car A's liability coverage? Not sure what to expect in dealing with my insurance company on this, since they represent both parties.

TYIA

[SanJoaquinSooner]

http://i995.photobucket.com/albums/af80/sanjoaquinsooner/toyota1.jpg

http://i995.photobucket.com/albums/af80/sanjoaquinsooner/toyota2.jpg

[olevetonahill]

ASk em if that T-Bird next to ya is fer sale ?

You want to retain an attorney. Let HIM/Her deal with the Insurance

[SanJoaquinSooner]

ASk em if that T-Bird next to ya is fer sale ?

You want to retain an attorney. Let HIM/Her deal with the Insurance

So, does that mean you think the insurance company won't do me right?

I'm not looking for a big payday. I just don't want to get shortchanged and don't want my rates to go up.

[olevetonahill]

Not sure how it will affect your rates
Never had that prob .

His policy should cover the loss. what it doesn't yours will
If ya aint gonna sue anyone then Id just let my Agent handle it

[olevetonahill]

Now about that 61 T-Bird?

[SanJoaquinSooner]

Now about that 61 T-Bird?

when you come out to visit, we can go take a look :star:

[8timechamps]

On the interstate highway, a major accident halts all traffic in all southbound lanes. Car A does not notice the traffic has come to a stop and rearends Car B, which in turn rearends Car C which then rearends Car D.

I was driving Car C. My car, only 5 months old, is totaled. I had an injury -a dislocation in my hand, but thankfully no broken bones or torn ligaments. The car behind me was also totaled and had a more serious injury... so I felt lucky all things considered.

I have $500 deductible collision coverage and $30/day rental for a few more days. In a day or two, my insurance company will tell me how they priced out my loss under my collision coverage.

Also in a few days, the accident report will be available and I fully expect the driver of Car A to be found at fault.

Now, Car A's insurance company is the same as mine. What are the important distinctions between filing a claim based on my collision coverage and filing a claim against the same company based on Car A's liability coverage? Not sure what to expect in dealing with my insurance company on this, since they represent both parties.

TYIA

Had a similar incident, only three cars involved though. Car A came to a sudden stop, Car B (my car) came to a sudden stop, but did not hit car A....until Car C hit me, and pushed me into Car A.

The fault of the entire accident was placed on Car C. The police report cited Car C for reckless driving and following too close. His insurance paid for my car (totaled) and the damage and medical expenses for driver of Car A.

You're right, it'll all depend on what the police report says. But, if you didn't get cited for anything, sounds like you'll be taken care of. I wouldn't think you would be on the hook for anything. In my incident, neither myself or the driver in front of me had to pay a nickle. It all came back to the last driver.

Hope that helps somewhat.

[AlbqSooner]

The answer to your question about to whom you should entrust the handling of the claim depends on the type and amount of your coverage. I know that sounds like a lawyer's weasely answer, but it does come down to that. Either way, it should not have an effect on your rates.

[cleller]

This is just a "well you might try this for starters" comment, use you own judgement in the end.

Most states/municipalities will have a traffic ordinance stating that you must operate your vehicle at a speed that allows for a "clear distance ahead" for stopping. Typically your Car A would be cited for this after the wreck.

As quick as you can find out Driver A's insurance info, call his agent. Ask what driver A's coverage is, and what his policy limits are. Act calm, but determined, and like you know what you're doing. Tell him straight out how much damage you've experienced. Unfortunately you'll be stuck by blue book values some. Harp on the fact you car was 5 months old, perfectly maintained, etc.
Then go right into the injuries you suffered, and what the likely bills are for that, whether or not they are covered by other insurance.
He'll want to know about your insurance carrier, no problem, tell him the truth. End up by saying you just want your car's max value, deductibles covered, all medical, and any costs associated with lost work, rental cars, etc. Cooperate, but don't give in on any of these areas just to make it stop. It is an area where negotiation is expected. At some point, you will have to get a dollar figure in mind that you feel you deserve, the sooner the better.

[SanJoaquinSooner]

This is just a "well you might try this for starters" comment, use you own judgement in the end.

Most states/municipalities will have a traffic ordinance stating that you must operate your vehicle at a speed that allows for a "clear distance ahead" for stopping. Typically your Car A would be cited for this after the wreck.

As quick as you can find out Driver A's insurance info, call his agent. Ask what driver A's coverage is, and what his policy limits are. Act calm, but determined, and like you know what you're doing. Tell him straight out how much damage you've experienced. Unfortunately you'll be stuck by blue book values some. Harp on the fact you car was 5 months old, perfectly maintained, etc.
Then go right into the injuries you suffered, and what the likely bills are for that, whether or not they are covered by other insurance.
He'll want to know about your insurance carrier, no problem, tell him the truth. End up by saying you just want your car's max value, deductibles covered, all medical, and any costs associated with lost work, rental cars, etc. Cooperate, but don't give in on any of these areas just to make it stop. It is an area where negotiation is expected. At some point, you will have to get a dollar figure in mind that you feel you deserve, the sooner the better.

that's the deal. We have the same agent. I've already given a statement to him about what happened and my injury, etc.

[soonerbrat]

for goodness' sake, DON'T SIGN ANYTHING

[badger]

The thing that really matters in this case is that your insurance companies are the same.

About 10 years ago my brother when he was still a teen was involved in a collision where was not at fault but our insurance companies were the same as the other car's. The insurance company proceeded to drop our policies down to the point of not having coverage at all, until they actually reviewed the paperwork to realize that the other car was at fault. They then sent a notice saying that our coverage was in fact never dropped (despite all of the mailings suggesting otherwise) and saying they would let us know if there was any additional payment that we owed them.

As a sidenote, the insurance company was State Farm.

Please heed this warning: Scream into the phone everyday if you have to that you were not at fault in this wreck or they may do the same to you. Computers are dumb and will just look and say "This car was involved in this accident with this car, therefore we should dump them both or jack their rates sky high!" Check with your insurance company often. Retain a lawyer if you think it will help, but they WILL screw you because they are paying out regardless.

[cleller]

I have a feeling you Better Call Saul!

Because with Saul Goodman, s'all good, man.

http://www.bettercallsaul.com/

[TheHumanAlphabet]

I'd call Tall Paul... ;)

Anyway, you should not be held for deductible. Car whatever should pay all you costs. You will likely pay your deductible up front to get things going, but Car whatever should end up paying and you get reimbursed. Should not affect you.

[8timechamps]

I'd call Tall Paul... ;)

Anyway, you should not be held for deductible. Car whatever should pay all you costs. You will likely pay your deductible up front to get things going, but Car whatever should end up paying and you get reimbursed. Should not affect you.

For accidents or tickets too, call and we'll take care of you, call 524-1541.

I've been gone from Oklahoma since 1994, and I still remember that damn commercial. Word for word.

[I Am Right]

Lawyer up

[SanJoaquinSooner]

Update:

1. The insurance company totaled the car, paid off the loan, and sent me the remaining balance - except my $500 deductable is still being processed. They said I should get it this month.

2. I got a copy of the final collision report. The car at fault was a Chevy Suburban filled with six 16-year-olds. And it was midnight on Interstate 5. The report states, "One of the passengers called to her (the driver), she looked back to see a picture on their cell phone. When she turned back around traffic was at a stop. She hit the brakes and tried to stop but the truck wasn't stopping. 'That's when I hit the other car.' "

In California, 16 year olds can't legally drive with other 16 year old non-family passengers unless there is a licensed driver at least 25 years old in the car. Also can't drive after 11 pm without older licensed driver in the car. The collision report doesn't mention any consequence of this.

3. Insurance company says at some point they will settle for any medical expenses I incurred and for pain and suffering. My hand still hurts when I use it for certain tasks. For example, during food prep, cutting anything dense like cabbage or carrots sends a sharp pain down edge of my hand to my little finger. Also things like opening a jar of pickles or pouring from a half gallon of milk or OJ. I also feel the pain when I write. Keyboarding used to hurt but it's not bothering me now. Making a tight fist hurts, but I don't have reason to fist often:subdued:

The car behind me had one with a broken arm and injured jaw. The other two in that car had back injuries.

[TheHumanAlphabet]

I am surprised that the report doesn't state the citiations. I think they are supposed to, sounds like they weren't cited. Enough information there to hose the kids (or parents) from the insurance standpoint.

Have you seen an orthopedist on your wrist pain? Sounds like some tendon or ligaments issue given your symptoms. May also have some incident related carpal tunnel issues. Hope you recover fully quickly.

Note to people, why a bunch of kids together shouldn't be driving...Here, look at this pic on the phone, you don't need to pay attention to the road...

[Lott's Bandana]

Isn't Cali a no-fault state, like...the first one?

Perhaps I don't really understand what "no-fault" means, since obviously it appears to matter in this case.

[SanJoaquinSooner]

I am surprised that the report doesn't state the citiations. I think they are supposed to, sounds like they weren't cited. Enough information there to hose the kids (or parents) from the insurance standpoint.

Have you seen an orthopedist on your wrist pain? Sounds like some tendon or ligaments issue given your symptoms. May also have some incident related carpal tunnel issues. Hope you recover fully quickly.

Note to people, why a bunch of kids together shouldn't be driving...Here, look at this pic on the phone, you don't need to pay attention to the road...

thanks, I saw an orthopedist two days after the accident. Said to wrap the fingers for 4 weeks, but didn't suggest any long-term damage. I'll go back soon and get another check

[SanJoaquinSooner]

Isn't Cali a no-fault state, like...the first one?

Perhaps I don't really understand what "no-fault" means, since obviously it appears to matter in this case.

California is not no-fault, but since the party at fault and me have the same insurance company it's kinda like that I guess. One agent is processing things through my policy and another agent is processing it through her policy.

[mdklatt]

Not sure what to expect in dealing with my insurance company on this, since they represent both parties.


I was in a similar situation when my car was only a few months old. The at-fault driver and I both had Progressive. My claim got routed through the Tulsa office so there wouldn't be a conflict of interest. I'm sure that was mainly for show, but I didn't have any problems.