Auto Accident

[vegan219]

I was hit in a drive-through the other night, the car in front of me backed up into my car before I had time to put it in reverse. My auto ins, State Farm, told me to try to get their ins., AllState to cover the repairs and possibly get a rental car, but I've been having a hard time getting anything done. Also, the driver keeps calling me and giving me a hard time about it, even though they hit my car. The accident happened in Henderson, Nevada and my car is new, it doesn't even have the final registration plates on it. I need to know if I need a lawyer for this situation or not. Any advice would be greatly appreciated. Thank-you!

 

[Hutchinson, Ken]

Hi Vegan, State Farm is a good insurance co. and I believe All State is too. Why is the driver calling you and giving you a hard time? When did the accident happen. A claims adjuster from All State should call you within 7 days after you make a claim. I would not recommend an attorney for a minor accident, at least not yet. Have you gotten an estimate yet?

 

[vegan219]

re: auto accident

The accident happened early Sat. am... and I talked to Allstate, the other driver's ins., but they're telling me it's not going to be fixed anytime soon and I really need it repaired, so I'm a little upset about that. Also, the driver keeps calling me, hanging up and not leaving messages. Last time I talked to her, she was extremely rude and told me the information she had on me "just wouldn't fly with her", although both claims had already been filed w/ both insurance companies. I just want to get my car fixed since it wasn't my fault but the only option I have is to pay my $500.00 deductible through my insurance, but I can't afford it since I just bought my car a couple weeks ago.
Thanks for your reply! I appreciate any response!

 

[Hutchinson, Ken]

vegan219, I don't think it will take too long before an All State adjuster calls so he can look at your car and then they will give you the go ahead to get the car fixed. Call your agent and ask them how long is sufficient time for All Sate to handle your claim. He may have a better idea then me. Don't let the person that hit you bother you with her rude calls to you, you will get the last laugh when All State fixes your car and her insurance rates go up!

 

[I AM ALWAYS LIABLE]

My response:

Here's what's going to happen. Allstate will tag you with liability by saying that YOU were the one who rear-ended their insured. This evaluation will stick because you have no witnesses to the contrary, and it is more likely than not that this is what happened - - despite your screaming, yelling and stomping that the Allstate insured backed up into your car.

Eventually, State Farm will pay the claim because there are no witnesses to back up your story.

Get ready for the jolt.

IAAL

 

[vegan219]

I do have 2 witnesses, one who was my passenger and another who wasn't involved but witnessed her back into me.

 

[I AM ALWAYS LIABLE]

I do have 2 witnesses, one who was my passenger and another who wasn't involved but witnessed her back into me.

My response:

So, didn't you think that was an important point to state in your initial post ?

Good luck.

IAAL

 

[Donna32669]

Stick to your story, and let All State know you have 2 witnesses.
The worst case now is to go to the State Farm drive in claims, they will write an estimate that any body shop in your area will
be able to honor. It is possible the body shop will work with you
on your deductible, or you may be able to find a shop that really
wants the work and will cover the deductible, or absorb it for you.
State Farm (your insurer) will then subrogate against All State to
recover their money and your deductible. I am assuming that
this would be standard practice state to state. Also, check with
your insurance carrier about rental reimbursement in case you have to go through your carrier....in some states (I am not sure
about Nevada), State Farm will pay you $10 per day if you do
NOT rent a car. This can add up if you are without wheels for
a few days, and help offset your out of pocket on the deductible
until it is recovered. That is hoping you can borrow a car. or
catch rides until your car is repaired. Good luck, your accident
details are not unusual, believe me.

 

[vegan219]

New problem!

New side to story: I talked to Allstate (ins. of driver) this morning who told me Progresssive (ins. of car owner) is now handling the claim and Allstate will be the secondary insurance... So now I guess I have to start from scratch w/ Progressive and it's already been almost a week since the addicent, my car is going to literally fall apart! Any suggestions on how to proceed?

 

[ProResearch]

Hi Vegan,

I just want to say I'm sorry for your accident. I too had an accident where a #($&#*& ran a red light and slammed into me, totalling my 93 Jag Vanden Plas. Angry is not the word. At any rate, Allstate is my insurance company and I opted to go to them for the property damage portion of my claim. It still took 2 months. They subrogated to the other driver's insurance company for damages paid to me. I got my deductible back in December after the other ins. co. sent my ins. property damage money. I got a fair deal I believe -- but I had to negotiate a LOT. The adjusters like to play games with people, who do not know their rights. Much of the stuff adjusters tell you is negotiable. Make them prove what they are saying as "truth."

Get everything they (ins. companies, yours and the other drivers) in writing if possible. The witnesses you have should have given "recorded statements." This should help with proving liability. You may have to get your car fixed without "authorization" from the insurance company(ies) and then seek reimbursement when your claim is settled. Just make sure you keep receipts, call your agent, document everything!!! This is your choice -- no one else can make it for you.

I am surprised however that your car is not already in a shop. You have a choice to either let your ins. co. take the property damage portiono f your claim (if you have collision/comprehensive coverage) and then they will seek subrogation to the other ins. company or deal with the other ins. co. solely. The latter option is more time-consuming and frustrating in my opinion. They do not have a contract (policy) with you as *your* ins. company does. Try to get your ins. co. to cover the expenses now and they can get the money back (subrogation) from the other ins. co. if liability is indeed the other driver's fault. Most companies want to maintain their reputations and a "reasonable" amount of time to pay claims is the law in the States. What is reasonable is variable.

If you continue to experience frustration and put-offs, I would definitely consult an attorney that offers FREE consultation for advice, especially if the damages to your vehicle are extensive.

Good luck to you!

~Diane~

 

[violetb]

Progressive

Just a side note--I was rearended by a person with Progressive Insurance. Progressive was very, very nice. They even came to my work site and did their estimate which was more than enough to pay for repairs --the adjustor cut a check right on the spot. Later another adjustor called and paid me for pain and suffering(slight pain).

 

[BlondiePB]

You got some good advice from Donna. Open a claim through your own insurance co., get your car fixed, if you have rental insurance rent a car (make arrangements through your adjuster or the car rental place may help you with a claim number from your own insurance co.), and let your own insurance deal with all the hassels. Your insurace will retrieve your deductable and even the difference between what the rental insurance per day limit is and your actual cost. Provide your insurance company with the owner of the car's insurance company and policy number and the driver of the car's insurance company and policy. Use a credit card or borrow the money for the deductible. By using your own insurance company, you can alleviate yourself from all the stress of dealing with the other insurance companies. We all have enough to deal with on a daily basis.