Car accident: Was rear-ended but it could be my fault (car insurance, attorney)

[MacktheRedwood]

My bad, I missed the existence of the Car Insurance forum. I reposted here: Car accident - rear-ended but it could be my fault

[NoMoreSnowForMe]

I would appeal it. Allstate has a bad reputation.

If the adjuster doesn't have the narrative of the police report yet, I don't understand how she could make any kind of decision about you being at fault for being rear-ended. Sounds like garbage to me.

I have Geico and love them. I recently had my truck broken into, and Geico took care of me the next business day, and very fairly. It was under my comprehensive. I've hit other people and only had liability, trying to parallel park - lol - and Geico took care of them really well, too.

But, I had nothing but trouble with my renter's insurance company, AARP The Hartford. I immediately told them I wanted to appeal their decision - they denied items and lowballed my claim, then they delayed and dinked me around. I finally filed a small claims court action. Three days before our court date, they finally sent me a check that was a fair settlement.

So, my point is - don't trust your adjuster. Immediately tell her you want to appeal her decision as far as your deductible. And take it all the way. In my experience, they will back down.

If you do some searching around on the internet, you'll discover that most insurance companies are getting worse and worse as far as denying claims and lowballing claims and delaying things, trying to get you to give up. It improves their profits to do so. They are not normally on your side - the adjusters. Their job is to protect the profits of the insurance company.

So, I'd send her an email - try to get everything in writing - and tell her you want to appeal her decision, if she is going to say you were at fault or that you will have to use your deductible. And then, look at your policy.

Oh, and by the way, just because your policy says something, doesn't necessarily mean it's legal as far as your state's insurance code. My policy with The Hartford had ridiculous clauses in it, that were not allowed under the insurance code in CA. They also do this, so people will not file appeals with them. My policy had insane requirements to appeal, and said I couldn't sue them until I'd complied with their insane appeal process. Wrong. It's called an unconscionable clause, and those can be thrown out by a judge.

So, don't let them snow you. My adjuster pointed to these ridiculous clauses and I told them I didn't think they were legal, and so I'll just let a judge decide. They ignored me for about a month, trying to get them to settle fairly, after I'd filed my small claims action. Then, just before court date, they did pony up.

Anyway, don't let them get away with it. And it sounds like that old lady is trying to get a free new bumper and is full of it. Or maybe someone else hit her. But, doesn't sound like you did. I'd deny that all the way, too.

[MacktheRedwood]

My adjuster didn't say that I was definitely at fault. She just said that the preliminary report makes it look that way, and we would have to see what the final report says. She also said they would take the matter to arbitration if the driver who hit me doesn't accept responsibility and Geico refuses to pay. (There's been no word from either insurance company yet.)

And she has already said that no matter what happens, she wouldn't hold me liable for the accident, so my rates wouldn't go up. But if the other party denies liability and Allstate can't get their insurance company to pay up through arbitration, then I don't get my deductible back. She did say, though, that she has seen police reports disregarded in arbitration hearings.

Also, I filed the claim with my insurance, so I already knew I was on the hook for the deductible, pending Allstate getting paid by the other insurance company and reimbursing me.

I'm definitely not going to try to threaten my adjuster nor my insurance company right now. I need to see how this shakes out. I don't feel like Allstate is trying to get away with anything at the moment.

[NoMoreSnowForMe]

Originally Posted by MacktheRedwood

My adjuster didn't say that I was definitely at fault. She just said that the preliminary report makes it look that way, and we would have to see what the final report says. She also said they would take the matter to arbitration if the driver who hit me doesn't accept responsibility and Geico refuses to pay. (There's been no word from either insurance company yet.)

And she has already said that no matter what happens, she wouldn't hold me liable for the accident, so my rates wouldn't go up. But if the other party denies liability and Allstate can't get their insurance company to pay up through arbitration, then I don't get my deductible back. She did say, though, that she has seen police reports disregarded in arbitration hearings.

Also, I filed the claim with my insurance, so I already knew I was on the hook for the deductible, pending Allstate getting paid by the other insurance company and reimbursing me.

I'm definitely not going to try to threaten my adjuster nor my insurance company right now. I need to see how this shakes out. I don't feel like Allstate is trying to get away with anything at the moment.

Not sure why you're now defending the insurance company. If you sort through what she said, the bottom line is, that she's trying to get your deductible out of you, when she shouldn't be.

Just sleep on it, and then look at what she said again in the morning and see if it really sounds reasonable tomorrow. I don't think it does.

In fact, ask her for a copy of the preliminary report. See if there even is one. I've never heard of a preliminary report before an actual police report.

You don't have to do anything now. I'm just saying, to be on your toes and realize her job is to protect the company's profits, not to take care of you. And if their final settlement to you doesn't sound right, and in my opinion, telling you they might not be able to get your deductible out of someone who rear-ended you, just sounds wrong.

[MacktheRedwood]

I have a copy of the preliminary report. She sent it to me. It has the first two pages, without the narrative part. It's stamped "Preliminary Report."

I'm not "now defending the insurance company." I thought I was pretty clear about what I was being told. She never said, "You are at fault for this accident."

She said, "The preliminary report looks like the final police report will put the blame on you, but based on what you said and the photos from the scene, I will still hold you 0% liable for the accident, so your insurance rates won't go up."

Honestly, I wish people would read what I wrote before responding. I thought I laid everything out in a clear manner.

[CA4Now]

Originally Posted by MacktheRedwood

I have a copy of the preliminary report. She sent it to me. It has the first two pages, without the narrative part. It's stamped "Preliminary Report."

Honestly, I wish people would read what I wrote before responding. I thought I laid everything out in a clear manner.

Then you might want to copy your OP from the auto insurance thread on to this thread.

It's only the preliminary report. You swerved to avoid a collision. Just wait for the rest of the report to come in. We have Allstate; they're pretty good. Don't worry.

[payutenyodagimas]

unless you are backing up, the one who rear ended you should be presumed to be negligent, no matter how fast you drive and even if you suddenly stopped. the one at the rear should maintain a safe distance at all times.

[NoMoreSnowForMe]

Originally Posted by MacktheRedwood

I have a copy of the preliminary report. She sent it to me. It has the first two pages, without the narrative part. It's stamped "Preliminary Report."

I'm not "now defending the insurance company." I thought I was pretty clear about what I was being told. She never said, "You are at fault for this accident."

She said, "The preliminary report looks like the final police report will put the blame on you, but based on what you said and the photos from the scene, I will still hold you 0% liable for the accident, so your insurance rates won't go up."

Honestly, I wish people would read what I wrote before responding. I thought I laid everything out in a clear manner.

I read everything, including the part where your adjuster is already getting you used to the idea that you will be out of pocket for $500 deductible, because the other insurance company won't admit fault. Even though your insurance company is supposed to pursue them, not to wimp out if they say no, and just charge you $500, so they can get your claim off the books.

You're not listening to people who have dealt with insurance companies and learned the hard way to see the writing on the wall.

I'd just like you to absorb for a minute, that if I was in your shoes, I would not let her get away with deducting $500 deductible. I would fight it. And i believe I would win. I just wouldn't back down, since you were rear-ended, even while trying to avoid a collision.

You asked for opinions, and you got some. What you do with the info is up to you. Just saying, you really should realize that your insurance adjuster is not your friend. They work for the company that is all about profits. They are not your personal attorney. Insurance companies want to collect your premiums, and never pay out on a claim, and only pay out as minimal as possible when they do, and to put as little effort and time into every claim as possible.

You need to be the squeaky wheel to get what you have coming to you under your policy.

I mean, if you were completely happy with how things were going, you wouldn't have started this thread.

[payutenyodagimas]

I was rear ended once. I told AAA that the limit they are supposed to pay me is only applicable if they couldn't collect from the other insurer. they should collect whatever my claims are, including lost wages.


and they did.


In simple words, the Subrogation Principle in Insurance means; When insurer (insurance company) pays full compensation for any insured loss (of insured property), the insurer (insurance company) holds the legal right (claim) of the insured property

[MacktheRedwood]

Originally Posted by NoMoreSnowForMe

I read everything, including the part where your adjuster is already getting you used to the idea that you will be out of pocket for $500 deductible, because the other insurance company won't admit fault. Even though your insurance company is supposed to pursue them, not to wimp out if they say no, and just charge you $500, so they can get your claim off the books.

We don't know what the other insurance company has said. Neither do we have the final police report.

The claims adjuster was simply laying out the possible scenarios here. We're probably looking at about $2,500 for the bumper, which Allstate has to pay (minus my deductible). Obviously Allstate will want the other insurance company to pay them back, which includes my deductible.

She has said she's willing to go to arbitration if the other driver won't accept responsibility and Geico sides with their driver.

If this doesn't go my way and the claims adjuster decides not to pursue arbitration, then I'll take the necessary action from there. I'm just trying to give this a chance to play out before going after Allstate, since that wouldn't make much sense right now.

To get my car from the body shop when the time comes (probably in about a week), I'll need to pay them the $500 deductible. Since I initiated the claim with my insurance company, I'm on the hook for that, which I was aware of when I called it in about an hour after the accident.

I posted about this because, honestly, I was curious if other folks had been in similar situations. I'm not sure why everyone is jumping to a "Your insurance company is screwing you -- go after them" conclusion when the process is still playing out.