Posted: 10/6/2015 12:53:07 PM EDT
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I posted this in the legal section as well but I figure it may get alittle more traffic in here.
I am going to try and make this short so if it is too vague please let me know.
Order of cars in accident: (front) car #1 < Me < car#3 < car #4 < car#5 (Rear) I was involved in a 5 car accident back in June. We have been waiting to have our car fixed since then, but the insurance comapnies have deemed it "drivable" so they will not cover a rental. Even though they have deemed it "drivable" it is not safe to drive. The Airbag light is on (air bags did not deploy), I have talked to a few shops and they say once the light goes on the airbags will not function as they are supposed to. This is just the begining of my issues but thank god we have a spare car. I am refusing to use my insurance comapny because if they do not recover 100% of the payout my rates could go up and I was not at fault so I will not accept that. I was driving home from work on the highway when traffic came to an abrupt stop. I slammed on my brakes and stopped just shy of the car infront of me. No sooner after I stopped the car ( or cars) behind me started a domino affect. Car #5 was found at fault according to the police report, lets call their insurance company "insurance company #5". Well I went through the motions and had my insurance come out and look as well as insurance company #5. After 2 months of phone calls, statements, etc, we get a letter from insurance company #5. It says that they are only covering 50% of the rear damage...WHAT?! I was blown away. I call them and they say that car #3, lets call their insurance company "insurance #3", admitted to hitting me before the "domino effect" occured and that I will now have to go after their insurance company for the remaining 50% of the rear and 100% of the front. I call up insurance comapny #3 and they say (after no contact with insurance comapny #1 or myself) "OO we have been waiting to take your statement I'm glad you called". I give my statement and go through the BS all over again, they then proceed to tell me that they are not liable for any of the damage because their policy holders statement and police report does not place them at fault in any way. I told them what insurance company #1 told me and ask if they have been in contact and they say they have not. I then proceeded to tell the lady she may want to get into contact with them because there are conflicting statements. My question is, what can I do?! Noone wants to fix my god damn car, except for my insurance company who may end up raising my rates, and it is just sitting in my yard. It has been 3 months since the accident and this is going nowhere. I am not willing to accept resposiblity for someone elses mistake. The car needs roughly $4000 in repairs plus what we cannot see with out stripping the car so fixing it out of my own pocket is a definite NO, as the value of the car isn't much more than this. |
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If you don't want to USE your insurance that you paid for....send the additional premiums you pay to me instead of just flushing them down the toilet each month.... There's always that one guy 
I pay my insurance company to protect me in the event that I cause an accident. Not to use it when someone else is at fault and have my premium go up. I have a spotless record and don't need the BS now. |
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If you don't want to USE your insurance that you paid for....send the additional premiums you pay to me instead of just flushing them down the toilet each month.... Yep. OP, this is why you buy insurance. If they end up out of pocket and it's not your fault, they will sue the other driver(s). You will subrograte your rights to them, it's in your policy or should be. It's called uninsured motorist coverage, if the other driver doesn't have any. Also, you pay them to make you whole and you're not. Call them ASAP and get the ball rolling. |
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. $500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. |
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. Why? This is why you have insurance
Any attorney will get at least a third of what the settlement is and OP will be out that in fixing his car. |
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There's always that one guy
I pay my insurance company to protect me in the event that I cause an accident. Not to use it when someone else is at fault and have my premium go up. I have a spotless record and don't need the BS now. Quoted:
Quoted:
If you don't want to USE your insurance that you paid for....send the additional premiums you pay to me instead of just flushing them down the toilet each month.... There's always that one guy
I pay my insurance company to protect me in the event that I cause an accident. Not to use it when someone else is at fault and have my premium go up. I have a spotless record and don't need the BS now. The "one guy" who has been a personal injury attorney for over 20 years? Double Board Certified in Personal Injury and Civil Trial law....That guy? Yea, that would be me. What you "don't need" is to be on foot for three fucking months. That's STUPID...DUMB...... |
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$500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. Quoted:
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. $500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. That's just it, you won't pay for it. Your insurance company will and then they will recover their money from the others. How hard is this to grasp? |
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That's just it, you won't pay for it. Your insurance company will and then they will recover their money from the others. How hard is this to grasp? Quoted:
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. $500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. That's just it, you won't pay for it. Your insurance company will and then they will recover their money from the others. How hard is this to grasp? My insurance company says they may not recover all of it due to the issue with insurance company #3 and at that point my policy would be on the hook. |
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Why? This is why you have insurance
Any attorney will get at least a third of what the settlement is and OP will be out that in fixing his car. Quoted:
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. Why? This is why you have insurance
Any attorney will get at least a third of what the settlement is and OP will be out that in fixing his car. Which is why the only time an attorney will handle property damage generally is when liability is disputed- it's an add on, freebie essentially to the PI case law suit, and if they don't do it the client gets ZERO anyway, so it's no loss.... But yea, generally the attorney would take their cut, plus you're out the deductible....it's not a win for anyone at that point. A third of $4,000 is $1300- not worth the bullshit to most attorneys quite honestly. Car is probably a total loss based on what OP said.... Most companies will pay up to about 80% of the value to repair, over that and they total it. I'll say it again- just file the damn thing on your insurance. If you are LUCKY your insurance company may be able to recover your deductible during inter company arbitration-- assuming your state subscribes. Here in Texas they are obligated to make that claim for you..... |
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That's just it, you won't pay for it. Your insurance company will and then they will ATTEMPT TO recover their money from the others. How hard is this to grasp? Quoted:
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. $500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. That's just it, you won't pay for it. Your insurance company will and then they will ATTEMPT TO recover their money from the others. How hard is this to grasp? The Attny is justifiable when PD is disputed. ETA: beat 
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My insurance company says they may not recover all of it due to the issue with insurance company #3 and at that point my policy would be on the hook. Quoted:
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. $500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. That's just it, you won't pay for it. Your insurance company will and then they will recover their money from the others. How hard is this to grasp? My insurance company says they may not recover all of it due to the issue with insurance company #3 and at that point my policy would be on the hook. I'm calling BS on your insurance company. If they come up short as you say, they'll just sue the other company. This happens all of the time. Put the pressure on your company and when done, find another insurance company. If the police report doesn't find you as the cause, then don't sweat it. |
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The "one guy" who has been a personal injury attorney for over 20 years? Double Board Certified in Personal Injury and Civil Trial law....That guy? Yea, that would be me. What you "don't need" is to be on foot for three fucking months. That's STUPID...DUMB...... Quoted:
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Quoted:
If you don't want to USE your insurance that you paid for....send the additional premiums you pay to me instead of just flushing them down the toilet each month.... There's always that one guy
I pay my insurance company to protect me in the event that I cause an accident. Not to use it when someone else is at fault and have my premium go up. I have a spotless record and don't need the BS now. The "one guy" who has been a personal injury attorney for over 20 years? Double Board Certified in Personal Injury and Civil Trial law....That guy? Yea, that would be me. What you "don't need" is to be on foot for three fucking months. That's STUPID...DUMB...... I understand what you are saying but how much will a premium increase cost me in the long run? I have a few cars/bikes/home/life insurance etc attached to this policy and not surehow it will effect it |
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I understand what you are saying but how much will a premium increase cost me in the long run? I have a few cars/bikes/home/life insurance etc attached to this policy and not surehow it will effect it Quoted:
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If you don't want to USE your insurance that you paid for....send the additional premiums you pay to me instead of just flushing them down the toilet each month.... There's always that one guy
I pay my insurance company to protect me in the event that I cause an accident. Not to use it when someone else is at fault and have my premium go up. I have a spotless record and don't need the BS now. The "one guy" who has been a personal injury attorney for over 20 years? Double Board Certified in Personal Injury and Civil Trial law....That guy? Yea, that would be me. What you "don't need" is to be on foot for three fucking months. That's STUPID...DUMB...... I understand what you are saying but how much will a premium increase cost me in the long run? I have a few cars/bikes/home/life insurance etc attached to this policy and not surehow it will effect it Well, that's hard to say honestly. Every company is different. Since it's not an "at fault" claim, it SHOULD'NT affect you much at all. Some companies advertise accident forgiveness and that is for an at fault- which this is not.... If your claim history is pretty clear, I wouldn't worry about it much. IF it is a problem- find a different insurance company, it's easier than ever these days. But, let's say they DO raise your rates....let's say they jack them $400 a year.....that's a pretty steep hike- it STILL takes you a DECADE to come out the loser on the deal....you won't change companies in a decade? |
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Was in an accident a month or so ago.
Other dude was deemed 100% at fault and his insurance accepted full responsibility. Either way I didn't bother personally dealing with the 'hostile' insurance company. My insurance took care of everything. The subrogation department is dealing with the other guy's insurance. |
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Well, that's hard to say honestly. Every company is different. Since it's not an "at fault" claim, it SHOULD'NT affect you much at all. Some companies advertise accident forgiveness and that is for an at fault- which this is not.... If your claim history is pretty clear, I wouldn't worry about it much. IF it is a problem- find a different insurance company, it's easier than ever these days. But, let's say they DO raise your rates....let's say they jack them $400 a year.....that's a pretty steep hike- it STILL takes you a DECADE to come out the loser on the deal....you won't change companies in a decade? Quoted:
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I understand what you are saying but how much will a premium increase cost me in the long run? I have a few cars/bikes/home/life insurance etc attached to this policy and not surehow it will effect it Well, that's hard to say honestly. Every company is different. Since it's not an "at fault" claim, it SHOULD'NT affect you much at all. Some companies advertise accident forgiveness and that is for an at fault- which this is not.... If your claim history is pretty clear, I wouldn't worry about it much. IF it is a problem- find a different insurance company, it's easier than ever these days. But, let's say they DO raise your rates....let's say they jack them $400 a year.....that's a pretty steep hike- it STILL takes you a DECADE to come out the loser on the deal....you won't change companies in a decade? The only policy that has a potential to be effected is the car - not the home or the life. Some companies will allow it to effect every car, some only the one policy for that specific car. a 10% surcharge on one vehicle is a reasonable amount after on AT-FAULT accident but since you're not at fault, this is wasted breath Quoted:
Not sure the laws in your State but here we need to pass a state vehicle safety inspection yearly. The vehicle will not pass if any dash light is on. lol, fuck that. Communists! Quoted:
Was in an accident a month or so ago. Other dude was deemed 100% at fault and his insurance accepted full responsibility. Either way I didn't bother personally dealing with the 'hostile' insurance company. My insurance took care of everything. The subrogation department is dealing with the other guy's insurance. And you paid your deductible, right? This is the hard way to do things |
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The only policy that has a potential to be effected is the car - not the home or the life. Some companies will allow it to effect every car, some only the one policy for that specific car. a 10% surcharge on one vehicle is a reasonable amount after on AT-FAULT accident but since you're not at fault, this is wasted breath lol, fuck that. Communists! And you paid your deductible, right? This is the hard way to do things Quoted:
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I understand what you are saying but how much will a premium increase cost me in the long run? I have a few cars/bikes/home/life insurance etc attached to this policy and not surehow it will effect it Well, that's hard to say honestly. Every company is different. Since it's not an "at fault" claim, it SHOULD'NT affect you much at all. Some companies advertise accident forgiveness and that is for an at fault- which this is not.... If your claim history is pretty clear, I wouldn't worry about it much. IF it is a problem- find a different insurance company, it's easier than ever these days. But, let's say they DO raise your rates....let's say they jack them $400 a year.....that's a pretty steep hike- it STILL takes you a DECADE to come out the loser on the deal....you won't change companies in a decade? The only policy that has a potential to be effected is the car - not the home or the life. Some companies will allow it to effect every car, some only the one policy for that specific car. a 10% surcharge on one vehicle is a reasonable amount after on AT-FAULT accident but since you're not at fault, this is wasted breath Quoted:
Not sure the laws in your State but here we need to pass a state vehicle safety inspection yearly. The vehicle will not pass if any dash light is on. lol, fuck that. Communists! Quoted:
Was in an accident a month or so ago. Other dude was deemed 100% at fault and his insurance accepted full responsibility. Either way I didn't bother personally dealing with the 'hostile' insurance company. My insurance took care of everything. The subrogation department is dealing with the other guy's insurance. And you paid your deductible, right? This is the hard way to do things In any event, at this point, wouldn't you advise OP to use his insurance after 3 months with no car and no end in sight? |
| Dammit OP, take your vehicle to the collision repair facility of YOUR choice and tell them you want it repaired. Call your insurance company and tell them to handle your claim. You were not at fault and it should not count against your policy. Have you even asked this question of your company yet? Pay your $500.00 deductible and move on with your life. Eventually you will get a check in the mail reimbursing you for the deductible. Four months you have been stressing over 500 f'ing dollars? Your vehicle could have been repaired in under 30 days and your deductible refunded by now. Don't make things difficult. |
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Yeah that part got me as well. If so, some insurer is accepting a crazy liability. Quoted:
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WTF! Air Bag light on and deemed driveable? Which companies?  Yeah that part got me as well. If so, some insurer is accepting a crazy liability. Yup, it suprised me as well. The are all BIG name insurance comapanies. |
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Yup, it suprised me as well. The are all BIG name insurance comapanies. Quoted:
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WTF! Air Bag light on and deemed driveable? Which companies? Yeah that part got me as well. If so, some insurer is accepting a crazy liability. Yup, it suprised me as well. The are all BIG name insurance comapanies. Well OP, I would have been using that as leverage to get this shit settled long ago. I'm a body shop manager, and if memory serves, so is Silver-Surfer. An air bag lamp after an impact IS NOT a driveable vehicle in the eyes of any insurer Ive ever worked for and goes towards the front of the line. |
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$500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. Quoted:
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OP needs a lawyer. What's your deductible, OP? Pay your deductible, rates shouldn't go up b/c you're not at fault and there's proof it'll be subrogated. $500 which isn't bad but that is another reason we don't want to use our insurance. Again this is an accident that I did not cause and feel I should not have to pay up for. The way this is handled is to use your insurance. Your company will settle with the other company (probably car #2, which is the one who hit you), will refund your deductible once they obtain it, and they will not hold this against you via rate increases. Your obstinance is the problem here. |
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Well OP, I would have been using that as leverage to get this shit settled long ago. I'm a body shop manager, and if memory serves, so is Silver-Surfer. An air bag lamp after an impact IS NOT a driveable vehicle in the eyes of any insurer Ive ever worked for and goes towards the front of the line. Quoted:
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WTF! Air Bag light on and deemed driveable? Which companies? Yeah that part got me as well. If so, some insurer is accepting a crazy liability. Yup, it suprised me as well. The are all BIG name insurance comapanies. Well OP, I would have been using that as leverage to get this shit settled long ago. I'm a body shop manager, and if memory serves, so is Silver-Surfer. An air bag lamp after an impact IS NOT a driveable vehicle in the eyes of any insurer Ive ever worked for and goes towards the front of the line. Estimator, I-Car not a manager 
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After getting dicked around that much, absolutely. Right off the bat? No way Quoted:
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In any event, at this point, wouldn't you advise OP to use his insurance after 3 months with no car and no end in sight? After getting dicked around that much, absolutely. Right off the bat? No way Agreed. You always make a run at them first but after three months, gotta do it..... |
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After that getting dicked around that much, absolutely. Right off the bat? No way Quoted:
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In any event, at this point, wouldn't you advise OP to use his insurance after 3 months with no car and no end in sight? After that getting dicked around that much, absolutely. Right off the bat? No way I am leaning towards just using my own insurance company at this point, I just wasn't sure if there was a better way. There are so many unanswer questions and insurance companies seem to get off on leaving you in the dark. At this point we just want the damn thing fixed. I'll be real pissed if we get it to the shop and they end up totaling it. |
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Quoted: I am leaning towards just using my own insurance company at this point, I just wasn't sure if there was a better way. There are so many unanswer questions and insurance companies seem to get off on leaving you in the dark. At this point we just want the damn thing fixed. I'll be real pissed if we get it to the shop and they end up totaling it. Quoted: Quoted: Quoted: In any event, at this point, wouldn't you advise OP to use his insurance after 3 months with no car and no end in sight? After that getting dicked around that much, absolutely. Right off the bat? No way I am leaning towards just using my own insurance company at this point, I just wasn't sure if there was a better way. There are so many unanswer questions and insurance companies seem to get off on leaving you in the dark. At this point we just want the damn thing fixed. I'll be real pissed if we get it to the shop and they end up totaling it. Totaled and hopefully the payout isn't too much less than it would have been 3-4 months ago. |
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I am leaning towards just using my own insurance company at this point, I just wasn't sure if there was a better way. There are so many unanswer questions and insurance companies seem to get off on leaving you in the dark. At this point we just want the damn thing fixed. I'll be real pissed if we get it to the shop and they end up totaling it. Quoted:
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In any event, at this point, wouldn't you advise OP to use his insurance after 3 months with no car and no end in sight? After that getting dicked around that much, absolutely. Right off the bat? No way I am leaning towards just using my own insurance company at this point, I just wasn't sure if there was a better way. There are so many unanswer questions and insurance companies seem to get off on leaving you in the dark. At this point we just want the damn thing fixed. I'll be real pissed if we get it to the shop and they end up totaling it. You've passed the point of "better way" to do things. |
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The "one guy" who has been a personal injury attorney for over 20 years? Double Board Certified in Personal Injury and Civil Trial law....That guy? Yea, that would be me. What you "don't need" is to be on foot for three fucking months. That's STUPID...DUMB...... Quoted:
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If you don't want to USE your insurance that you paid for....send the additional premiums you pay to me instead of just flushing them down the toilet each month.... There's always that one guy
I pay my insurance company to protect me in the event that I cause an accident. Not to use it when someone else is at fault and have my premium go up. I have a spotless record and don't need the BS now. The "one guy" who has been a personal injury attorney for over 20 years? Double Board Certified in Personal Injury and Civil Trial law....That guy? Yea, that would be me. What you "don't need" is to be on foot for three fucking months. That's STUPID...DUMB...... Listen to this guy. He's right. I'm across the table from him come settlement time (30 years in insurance claims). He gives you solid advice. All that you are doing is hurting yourself by not taking advantage of the insurance policy benefits that you are paying for. The at fault party's carrier should step up, but they didn't. It is time for Plan B - use your own policy and let them subrogate. |