I was just rear-ended in my DD beater. Need advice.
09-19-2013, 01:17 PM
#17
If in doubt, FLAT OUT
iTrader: (33)
Join Date: Oct 2010
Location: Nor Cal SJ
Posts: 7,039
Car Info: 2010 Hatch, 2011 Sedan
not always correct.
when i first bought my 2007 impreza, driving through hayward, put my right blinker on to change lanes to the right, at the moment my right tires touched the lines heading to the ride, i got nailed on my left rear corner
got a police report and everything. but the police report doesn't always state who is at fault, it just states the facts. even tho "the facts" clearly shows he's to blame for hitting me from behind.
my insurance fought with his for over a year. in the end, his insurance refused to pay stating that i was partially at fault creating a danger from changing lanes.
now, as ridiculous as that all sounds, it's exactly that. ****ING ridiculous. the guy even stated in the police report that he saw me up ahead with my right blinker on, and he continued forward until eventually HE hit me from behind on my left side thinking that i would be out of "his" way by the time he got there.
but since his insurance refused to pay, my only option was to sue. i was tired of dealing with it for over a year so I had let it go.
so even though somebody hits you from behind doesn't always mean you'll win.
i had to pay my deductible to get my car fixed. my insurance did NOT go up though since they put me down as not at fault. i lost the deductible since they were unable to reclaim it from his insurance co.
when i first bought my 2007 impreza, driving through hayward, put my right blinker on to change lanes to the right, at the moment my right tires touched the lines heading to the ride, i got nailed on my left rear corner
got a police report and everything. but the police report doesn't always state who is at fault, it just states the facts. even tho "the facts" clearly shows he's to blame for hitting me from behind.
my insurance fought with his for over a year. in the end, his insurance refused to pay stating that i was partially at fault creating a danger from changing lanes.
now, as ridiculous as that all sounds, it's exactly that. ****ING ridiculous. the guy even stated in the police report that he saw me up ahead with my right blinker on, and he continued forward until eventually HE hit me from behind on my left side thinking that i would be out of "his" way by the time he got there.
but since his insurance refused to pay, my only option was to sue. i was tired of dealing with it for over a year so I had let it go.
so even though somebody hits you from behind doesn't always mean you'll win.
i had to pay my deductible to get my car fixed. my insurance did NOT go up though since they put me down as not at fault. i lost the deductible since they were unable to reclaim it from his insurance co.
The OP was stopped so there is no question who was at fault here. Make the claim against the OTHER PERSON'S insurance. Doesn't have anything to do with your insurance. You do NOT need a lawyer for this unless his insurance does not take responsibility.
Last edited by 04GG; 09-19-2013 at 01:21 PM.
09-19-2013, 01:37 PM
#18
previously known as wrxBRAH
iTrader: (17)
Join Date: Sep 2010
Location: San Jose / Campbell
Posts: 3,383
Car Info: 2004 FXT
No amount of defensive driving will save you from hitting a Prius as they cut into your lane going 20 miles under the speed limit. I think that's why the lane changing rear end accidents are harder to prove if one party is at 100% fault.
I've been so close to rear ending all the lane changers at capitol/aborn. ****ers wait until the absolute last second to change lanes into the turning lane and then try to fit into a space 1/4 the size of their car.
I've been so close to rear ending all the lane changers at capitol/aborn. ****ers wait until the absolute last second to change lanes into the turning lane and then try to fit into a space 1/4 the size of their car.
09-19-2013, 05:30 PM
#22
if his didn't cooperate, you'd wish you had contacted yours
09-19-2013, 05:34 PM
#23
you don't realize that other peoples insurance can and will decline fault at their choosing, hence my story. the whole point is, your insurance can say without a doubt that you are NOT at fault, however the other parties insurance can "refuse to pay" claiming they aren't at fault.
you pay your insurance company to to this for you.... i don't think you get that...
Make the claim against the OTHER PERSON'S insurance. Doesn't have anything to do with your insurance.
09-19-2013, 06:21 PM
#24
VIP Member
iTrader: (7)
Join Date: Dec 2002
Location: Stockholm
Posts: 7,441
Car Info: 2018 Golf R Variant
you don't realize that other peoples insurance can and will decline fault at their choosing, hence my story. the whole point is, your insurance can say without a doubt that you are NOT at fault, however the other parties insurance can "refuse to pay" claiming they aren't at fault.
you pay your insurance company to to this for you.... i don't think you get that...
you pay your insurance company to to this for you.... i don't think you get that...
In my last experience, some lady crunched my wife's car while parked at Linda Mar near the Starbucks. The lady had Farmers and I contacted my insurance with her info. Within two days I received paperwork from Farmers which I took to my body shop of choice, and did not have to speak to anyone after that.
09-20-2013, 08:49 AM
#25
If in doubt, FLAT OUT
iTrader: (33)
Join Date: Oct 2010
Location: Nor Cal SJ
Posts: 7,039
Car Info: 2010 Hatch, 2011 Sedan
you don't realize that other peoples insurance can and will decline fault at their choosing, hence my story. the whole point is, your insurance can say without a doubt that you are NOT at fault, however the other parties insurance can "refuse to pay" claiming they aren't at fault.
you pay your insurance company to to this for you.... i don't think you get that...
I get it and I don't agree with it. I don't pay my insurance company to call someone else's insurance company. That's like mailing a letter I wrote to myself. 
I pay my insurance company for when I need MY insurance company.What you don't seem to get is when you make a claim on your insurance, even if it is 100% not your fault, it is still counted against you because you made a claim. Whether they paid anything out or not. When your account goes up for renewal they look at how many claims you made. Obviously if they don't pay out, then it has less influence, but they still factor it in. Their whole business is risk and a claim you make is risk to them.
Indeed. Call your insurance first. If there is a case, they will go to bat for you because it's in their best financial interest to do so. If there is not a case, well, there is not a case.
In my last experience, some lady crunched my wife's car while parked at Linda Mar near the Starbucks. The lady had Farmers and I contacted my insurance with her info. Within two days I received paperwork from Farmers which I took to my body shop of choice, and did not have to speak to anyone after that.
In my last experience, some lady crunched my wife's car while parked at Linda Mar near the Starbucks. The lady had Farmers and I contacted my insurance with her info. Within two days I received paperwork from Farmers which I took to my body shop of choice, and did not have to speak to anyone after that.
Last edited by 04GG; 09-20-2013 at 10:18 AM.
