Involved In An Accident Yesterday, Best Way to Proceed?

jesse3638

Hooked
I come to the forum as always in need of some information. This is related to an accident I was involved in yesterday (I'm not at fault). It was non-injury and caused what appears to be cosmetic damage only. It was my first one and was wondering what is the best way to proceed. I contacted the other parties insurance immediately and discovered he had as well. I was informed there may be a coverage issue but the adjuster had left for the day. This morning I received a call from her stating that it does not look like they will be covering the loss as it appears the driver is not covered. They recommended I contact my insurance company, which I did yesterday, and proceed with repairs that way. I'm not looking for any compensation simply to have my truck repaired and possibly my deductible reimbursed. I'm also not looking to have my rates increased as I was not at fault. What is the best way to proceed with this? As a disclaimer and not to cause a conflict of interest with any members offering advice the insurance companies involved are AAA and Statefarm. Thanks in advance.
 

BananaJeep

Caught the Bug
No, if he is at fault, his insurance needs to be held liable. You shouldn't have to pay because he fucked up.

Unless, of course... you live in a state like Michigan that has no-fault insurance. Basically that means if I rear end you, oh well.. you have to claim it on your insurance even though it was my fault. Stupid.
 

WJCO

Meme King
Your insurance agent will give you the likely scenario and options. Also I hope a police report was filed, that always helps. Post pictures of the damage, maybe we can help you fix it for cheap.

Just an FYI, here's a similar story of mine. The actual accident was 4 years ago. I was sitting at a light. Lady (at fault) traveling perpendicular to me was turning in intersection and turned in front of a car going 40 and lady's van got thrown into my truck. Being I was at a light, my vehicle was driveable but caused about 5000k in damage (and this was a one ton truck). She sent both of the other people to hospital and her car and their car were totaled. She had a SUSPENDED LICENSE, NO INSURANCE. Because of this, my insurance paid all of my damage other than the 1000 dollar deductible. The lady at fault had numerous charges pressed against her by the state (and I assume the other driver). I didn't press charges, I was just out the money. My insurance company basically turned me over to the District Attorney if I wanted my 1000 deductible money because they had tried collecting the money for months. After I called the DA, they informed me that this process takes years, court gets money first, then restitution, then the other people that were injured, etc. DA told me that I may never see my money sadly. Keep in mind this was 4 years ago. Well out of the blue about a month ago (2017), I received a check for 350 bucks from Colorado Courts in regards to this case. Supposedly, there will be more checks coming for a total of around 1200 with interest included.

So, it could take time to get your car paid for, but hang in there.
 

jesse3638

Hooked
Your insurance agent will give you the likely scenario and options. Also I hope a police report was filed, that always helps. Post pictures of the damage, maybe we can help you fix it for cheap.

Just an FYI, here's a similar story of mine. The actual accident was 4 years ago. I was sitting at a light. Lady (at fault) traveling perpendicular to me was turning in intersection and turned in front of a car going 40 and lady's van got thrown into my truck. Being I was at a light, my vehicle was driveable but caused about 5000k in damage (and this was a one ton truck). She sent both of the other people to hospital and her car and their car were totaled. She had a SUSPENDED LICENSE, NO INSURANCE. Because of this, my insurance paid all of my damage other than the 1000 dollar deductible. The lady at fault had numerous charges pressed against her by the state (and I assume the other driver). I didn't press charges, I was just out the money. My insurance company basically turned me over to the District Attorney if I wanted my 1000 deductible money because they had tried collecting the money for months. After I called the DA, they informed me that this process takes years, court gets money first, then restitution, then the other people that were injured, etc. DA told me that I may never see my money sadly. Keep in mind this was 4 years ago. Well out of the blue about a month ago (2017), I received a check for 350 bucks from Colorado Courts in regards to this case. Supposedly, there will be more checks coming for a total of around 1200 with interest included.

So, it could take time to get your car paid for, but hang in there.

Coincidentally a CHP (California Highway Patrol) Officer witnessed the whole thing. He cleared traffic and followed us to the side of the interstate. Facilitated information exchange and when I asked if he was going to be filing a report he said no as it was a non-injury accident. I Just got his name and photos of both vehicles involved along with all of the other party's info. Luckily my deductible is $500 so not too bad. I'm just concerned about the increase in rates. I'm going to call my agent here in a minute and see how those may be affected by filing an uninsured motorist claim. I've been talking about selling my truck anyways so after its fixed it'll look brand new so what better time than now...haha. Silver lining..;).
 

jesse3638

Hooked
No, if he is at fault, his insurance needs to be held liable. You shouldn't have to pay because he fucked up.

Unless, of course... you live in a state like Michigan that has no-fault insurance. Basically that means if I rear end you, oh well.. you have to claim it on your insurance even though it was my fault. Stupid.

If his insurance won't fess up, I would contact an attorney. Good luck!

Its not that his insurance won't fess up it's that for what ever reason (They could not legally disclose that to me) the driver was not covered while driving that vehicle. It appears he was not the RO of the vehicle, so maybe he was an excluded driver or something. Really the driver would have to be held liable for driving uninsured. I'm not looking to make any money and don't want to involve an attorney unless absolutely needed. We'll see how this pans out.
 

FallonJeeper

New member
In all cases, go to your insurance. Never waste your time calling the other party's insurance company. Your insurance will go after the other individual, whether they have insurance or not.

If you have a decent insurance company, your rates should not go up if the incident is not your fault.
If they do, maybe you need a better insurance company.

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BananaJeep

Caught the Bug
Its not that his insurance won't fess up it's that for what ever reason (They could not legally disclose that to me) the driver was not covered while driving that vehicle. It appears he was not the RO of the vehicle, so maybe he was an excluded driver or something. Really the driver would have to be held liable for driving uninsured. I'm not looking to make any money and don't want to involve an attorney unless absolutely needed. We'll see how this pans out.

With all due respect, them saying the driver wasn't covered, to me, sounds like they just don't want to pay. If that's the case, I would make the RO of the vehicle aware and let him/her know they need to remedy the situation. Unless it's stolen, they should be 100% responsible for who they let drive their car. I hear ya on not trying to get any lawyer's involved.. that adds a lot more headache, but in some cases, it's necessary.

I would hate to see your rates go up because you need to file the claim on your own insurance. Not only that, but it's holding yourself accountable. I absolutely hate seeing people do damage to another person's car and they end up clear and free. I wouldn't back down until either him or his insurance pays up. That's just me though.
 

WJCO

Meme King
Its not that his insurance won't fess up it's that for what ever reason (They could not legally disclose that to me) the driver was not covered while driving that vehicle. It appears he was not the RO of the vehicle, so maybe he was an excluded driver or something. Really the driver would have to be held liable for driving uninsured. I'm not looking to make any money and don't want to involve an attorney unless absolutely needed. We'll see how this pans out.

Does the driver have insurance for another vehicle maybe? He still should be held liable by someone if he's driving a vehicle I would think. Example, if I'm driving a rental car, my insurance would cover me even though it's not my car.
 

jesse3638

Hooked
In all cases, go to your insurance. Never waste your time calling the other party's insurance company. Your insurance will go after the other individual, whether they have insurance or not.

If you have a decent insurance company, your rates should not go up if the incident is not your fault.
If they do, maybe you need a better insurance company.

Sent from my SM-G930V using WAYALIFE mobile app

That's what I did. I'm going to let my insurance handle the headache


With all due respect, them saying the driver wasn't covered, to me, sounds like they just don't want to pay. If that's the case, I would make the RO of the vehicle aware and let him/her know they need to remedy the situation. Unless it's stolen, they should be 100% responsible for who they let drive their car. I hear ya on not trying to get any lawyer's involved.. that adds a lot more headache, but in some cases, it's necessary.

I would hate to see your rates go up because you need to file the claim on your own insurance. Not only that, but it's holding yourself accountable. I absolutely hate seeing people do damage to another person's car and they end up clear and free. I wouldn't back down until either him or his insurance pays up. That's just me though.

Yeah me too. I turned it over to my insurance and am going to let them handle it. Too many trails to follow and there aren't enough hours in the day. Beside his car is worse off...;)



Does the driver have insurance for another vehicle maybe? He still should be held liable by someone if he's driving a vehicle I would think. Example, if I'm driving a rental car, my insurance would cover me even though it's not my car.

There are exclusionary policies. I remember having something like that when I was 17 and had my own car. I was insured on that vehicle and that vehicle only. My mom would not be covered and I was not covered if I was driving her car. Also no one else would be covered while driving my vehicle. I'm assuming it may be something along those lines.


Being a bit shaken after it all happened I wish I had a check list to follow as I did not catch the RO of the vehicle was not the driver until after we cleared the scene. I also only captured the insurance policy number and VIN on the ID card not the name or even the phone number. I was busy fumbling around with my ins app trying to get my ID card too. Needed to slow down a bit I guess. Life lesson and hopefully it does not come at a huge price.
 

Gadget

Caught the Bug
Your insurance agent will give you the likely scenario and options. Also I hope a police report was filed, that always helps. Post pictures of the damage, maybe we can help you fix it for cheap.

Just an FYI, here's a similar story of mine. The actual accident was 4 years ago. I was sitting at a light. Lady (at fault) traveling perpendicular to me was turning in intersection and turned in front of a car going 40 and lady's van got thrown into my truck. Being I was at a light, my vehicle was driveable but caused about 5000k in damage (and this was a one ton truck). She sent both of the other people to hospital and her car and their car were totaled. She had a SUSPENDED LICENSE, NO INSURANCE. Because of this, my insurance paid all of my damage other than the 1000 dollar deductible. The lady at fault had numerous charges pressed against her by the state (and I assume the other driver). I didn't press charges, I was just out the money. My insurance company basically turned me over to the District Attorney if I wanted my 1000 deductible money because they had tried collecting the money for months. After I called the DA, they informed me that this process takes years, court gets money first, then restitution, then the other people that were injured, etc. DA told me that I may never see my money sadly. Keep in mind this was 4 years ago. Well out of the blue about a month ago (2017), I received a check for 350 bucks from Colorado Courts in regards to this case. Supposedly, there will be more checks coming for a total of around 1200 with interest included.

So, it could take time to get your car paid for, but hang in there.

Had this almost exact scenario when I was in college, sitting at a light, guy from out of town in a rental runs a light, gets hit knocked into
me, his company's insurance said they weren't responsible and the rental agency said the same. After about a month of the run around my mom threatened them with her lawyer. Couple days later the rental place called me and said to take it and get it fixed and they gave me a car to drive. I don't know who actually paid for it, I didn't really care either.
 

BananaJeep

Caught the Bug
Had this almost exact scenario when I was in college, sitting at a light, guy from out of town in a rental runs a light, gets hit knocked into
me, his company's insurance said they weren't responsible and the rental agency said the same. After about a month of the run around my mom threatened them with her lawyer. Couple days later the rental place called me and said to take it and get it fixed and they gave me a car to drive. I don't know who actually paid for it, I didn't really care either.

Never mess with mama bear! LOL
 

RedPool

Member
I am not sure of the exact laws in CA but in FL, I had a similar experience. Sitting at a red light and rear ended by some girl with no license, no insurance, no tag, no windows in her doors.... I had a ding in the rear bumper of the Taco and the trailer plug was snapped off the receiver. I notified my insurance company who paid for my repairs and then took the girl to court for compensation. (Tacoma factory parts are overpriced!) It is possible that your insurance company would do the same thing. Luckily, my premium did not go up as a result of the accident.

If you have a local agent, go have a sit down with them and learn exactly what your local options are. The results may or may not work for you, but you will be able to make an informed decision and take the path that works best for you. Who knows, this damage could lead to some upgrades.
 

jesse3638

Hooked
I am not sure of the exact laws in CA but in FL, I had a similar experience. Sitting at a red light and rear ended by some girl with no license, no insurance, no tag, no windows in her doors.... I had a ding in the rear bumper of the Taco and the trailer plug was snapped off the receiver. I notified my insurance company who paid for my repairs and then took the girl to court for compensation. (Tacoma factory parts are overpriced!) It is possible that your insurance company would do the same thing. Luckily, my premium did not go up as a result of the accident.

If you have a local agent, go have a sit down with them and learn exactly what your local options are. The results may or may not work for you, but you will be able to make an informed decision and take the path that works best for you. Who knows, this damage could lead to some upgrades.

Yeah that is what I did. I'll pay my deductible and get my truck repaired. I have rental coverage etc. They are contacting his insurance too. I'd assume he thought he would be covered as he reported the accident 25 mins before I called. If he felt he wasn't covered he probably would not have done that. I hope this all works out in the end...;)
 

DWiggles

Caught the Bug
I agree with everyone else in this thread. Have YOUR insurance fix YOUR vehicle, and YOUR insurance pursue payment from "them". You are not a fault, and when the case is settled and the claim is closed, your insurance should refund your deductible either as credit to your account (monthly/yearly payment deduction of $500) or via check.

Sucks. "accidents" suck.

I say "accident" but in reality, it was most likely a case of the other driver "accidentally" NOT paying attention... :naw:
 

Spazbyt

Hooked
State farm blows cock! Good luck!

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A million times this!^^^

Long story long. Lady T boned me in the middle of an intersection cut and dry. I had a police statement
corroborating everything. This lady, who also had state farm told state farm some one rear ended her into the intersection but fled the scene! According to state farm I would then have to pay my deductible because there was no one at fault! What state farm and this lady didn't know was that I saw her car at the body shop by my work and got a ton of photos and videos of her hole car with NO damage to the rear end. State farm was not backing down that she got "rear ended" until I started sending my photos to every person at state farm that touched my file. After weeks of arguing and police reports and witnesses, they saw that I had other photos and pulled a complete 180. All so they could get a deductible out of me. State farm basically was an accomplice to insurance fraud just so they could get my deductible.

Its a complete conflict of interest when both parties have the same insurance and I for one think it should be handled by a third party.

So yes OP good luck Fighting it! Just know that big insurance has all day long to dick with you until you just through in the towel and pay up.
 

RonG

New member
......

Being a bit shaken after it all happened I wish I had a check list to follow as I did not catch the RO of the vehicle was not the driver until after we cleared the scene. I also only captured the insurance policy number and VIN on the ID card not the name or even the phone number. I was busy fumbling around with my ins app trying to get my ID card too. Needed to slow down a bit I guess. Life lesson and hopefully it does not come at a huge price.

I've gotten in the habit of taking pictures of their license, registration, insurance card and plate (in addition to photos of the scene and damage to both vehicles - or lack there of). With cells phones it's really easy.



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BobNH

Member
I've gotten in the habit of taking pictures of their license, registration, insurance card and plate (in addition to photos of the scene and damage to both vehicles - or lack there of). With cells phones it's really easy.



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How on earth does one have enough accidents to develop a habit for dealing with them??
To the OP, good choice dealing through insurance. Trying to be the helpful motorist today gets you nothing but trouble. Back in the 80's I was rear ended while driving my 1968 Galaxy 500, four door. When I got out to check, I found a little MGB about 2 feet under my bumper. Destroyed the car, paint on my chrome bumper. Exchanged info, and got contacted later as the defendant. Was like wtf? Got it cleared up though.
Fast forward to the 90's and some guy cuts a corner and runs into my car. Cops and all, and he took the blame, as he should. Months later, insurances still fighting because his (Geico) claimed it was my fault. Police report had to clear that up.
Let the bad people (ins) out-douche each other.

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jesse3638

Hooked
I've gotten in the habit of taking pictures of their license, registration, insurance card and plate (in addition to photos of the scene and damage to both vehicles - or lack there of). With cells phones it's really easy.



Sent from my iPhone using WAYALIFE mobile app

That's exactly what I did I unfortunately did not unfold the paper copy of his ins card as I assumed it was all on the one side. I took pics of all his stuff including his vehicle as well. I should have read the registration closer and asked about that and possibly got the contact info for the RO.



How on earth does one have enough accidents to develop a habit for dealing with them??
To the OP, good choice dealing through insurance. Trying to be the helpful motorist today gets you nothing but trouble. Back in the 80's I was rear ended while driving my 1968 Galaxy 500, four door. When I got out to check, I found a little MGB about 2 feet under my bumper. Destroyed the car, paint on my chrome bumper. Exchanged info, and got contacted later as the defendant. Was like wtf? Got it cleared up though.
Fast forward to the 90's and some guy cuts a corner and runs into my car. Cops and all, and he took the blame, as he should. Months later, insurances still fighting because his (Geico) claimed it was my fault. Police report had to clear that up.
Let the bad people (ins) out-douche each other.

Sent from my SM-N910V using Tapatalk

Yeah its $500. I actually just reduced my deductible from $2K when we purchased our Durango thank goodness. A reckless driving ticket does wonders to premiums and was looking to save as much monthly as I could...:crazyeyes:
 
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