car accident, dealing with insurance claims

imascrub

imascrub

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so I was rear ended about a month ago at an intersection where the lights were off (not flashing red, just completely off), and everybody was treating it as a 4 way stop. I was waitin for the other people to pass before makin my move, when i hear a giant screech and a loud thud, and voila, I've got a permanently closed trunk. I drive a compact car (98 chevy prizm/toyota corolla same thing), and he was in a jeep.

So anyway I got his info, contacted his insurance and am trying to get this resolved. I told them what happened and he was contacted and he told them as well, and whaddaya know....He says I backed up into him from the intersection instead of him screeching to a halt right into my bumper.

Right now they're going to review pictures that an authorized repair shop took, but apparently they said that if I have damage, and he doesn't (which he claims he doesn't) it supports his claim that I backed up into him. Does that really make any sense?

Anyway I called my insurance just yesterday but my agent wasn't in so I just left him a message describing the situation. I think I should have done this at the start but I've never been hit before and I thought the usual thing was to just get this shit taken care of by the other guys's insurance, since they're (should be) liable to pay after all, but I didn't take into account that they are still representing their insured, and will probably try to do everything to help things go his way.

Does anybody have any experience with this sort of thing and can give any advice on what to do, or how to argue this? I'm waiting for a response from them sometime next week to see what they say after reviewing the photos.
 
I'm in a similar situation. I was riding a bicycle and was hit by a guy who ran a red light while I was crossing the street. I have a witness and the guy who hit me said on the police report and the insurance company is still fucking with me. They say that I am half-liable o_O. So, I just got a lawyer.

I wouldn't be too worried in your case they're just effing with you. It's what the insurance agents get paid to do.
 
If after looking at your damage, they say they decide that you backed into him, I would just argue with them and threaten to take legal action. If that doesn't work, you may just have to suck it up and have it go through your insurance. Since this would be your first claim you shouldn't have to worry about your premiums going up too much if at all, depending on how long you've been driving.

But i work in rental and deal with a lot of insurance replacements and threatening legal action, whether legit or not, usually does the trick and gets the other company to take their rightful responsibility.
 
Well, when you had an accident, did you call the police? A police report would go a long way here to helping your claim.

I don't see how the logic of one of you having damage and the other doesn't helps his claim, but you may need a lawyer for this. So, you'll have to decide what is more cost efficient, but I think this would make me mad enough that I'd get a lawyer, and when you sue, sue for lawyer fees as well.

Your other option is to take your pictures and sue him in small claims court. You don't have to prove with 100% certainty that you are right there, only that it seems like you are more right than wrong. Any witnesses would help you out here.
 
my mistake that i didn't call the police or grab any witnesses :\
How would I go about grabbing witnesses anyway? Just ask if some car next to me would like to be a witness to the accident, then grab their name and number?
I should have turned on the voice recorder on my phone when I got out of my car to grab his conversation.

I remember him specifically saying "...haven't gotten into an accident in over 30 years" and "I was thinking like why isn't he moving?? Then I looked up and was like ohh man"

he was referring to the lights that were off, meaning that he wasn't paying attention to the lights really. He didn't see red, so he thought go, but there was no green there either so he would have plowed straight through the intersection if I wasn't there. He should be thanking me that he didn't get his ass injured or worse if I wasn't there.
 
Reminds me of a time when I was with my dad and he was driving. We stopped at a stop sign and these two kids on bikes are coming from behind. One goes right by the car and the other one, BAM right into the back of the car. He went and told his parents that my dad hit him...yeah...even though his friend was a witness and claimed he ran into the car my dad still had to pay something, cant remember what.

Moral of the story, people are stupid.
 
You should ALWAYS get a police report since that helps establish who is at fault. Do you know if you live in a no-fault insurance state? If so, you must make your claim with your insurance company. They will go after the other person's insurance company for reimbursement if he was more than 50% at fault. In a no-fault state, you do not call the other person's insurance company directly.

You should also know that once you make a claim, your insurance company will automatically check your driving record - if you have any moving violations, you can expect your insurance premiums to go up. If you have gotten a lot of tickets recently, it can be better to say nothing and pay for repairs out of your own pocket since your premium may go up a lot.
 
Some random old man scraped the hell out of my rear quarter panel at the post office yesterday. I've got a claim open now, but am waiting to hear from the claims specialist or whatever the person's title is, assigned to my case.
 
yea when someone rearended my car i called 911 right away to have them send a cop car their to show it was the persons fault, prob saved me a big hassle
 
Without a police report this could get real shitty for you. insurance companies don't want to pay out any money so they will try every bullshit loophole to get out of it. depending on the impact damage you could maybe prove that backing up couldnt muster the force to do that much damage, but aside from that, next time call the police.
 
[quote name='Machine']You should ALWAYS get a police report since that helps establish who is at fault. Do you know if you live in a no-fault insurance state? If so, you must make your claim with your insurance company. They will go after the other person's insurance company for reimbursement if he was more than 50% at fault. In a no-fault state, you do not call the other person's insurance company directly.

You should also know that once you make a claim, your insurance company will automatically check your driving record - if you have any moving violations, you can expect your insurance premiums to go up. If you have gotten a lot of tickets recently, it can be better to say nothing and pay for repairs out of your own pocket since your premium may go up a lot.[/quote]

what of tickets that I received but worked off through traffic school? I believe I've gotten three tickets dating back to 2000, two of which I've worked off through traffic school, and one I actually can't remember what I did with it lol. The most recent ticket was earlier this year, which was taken care of through traffic school.

Other than that I've rear ended somebody before as well back in 2000/2001, but it was settled outside of insurance.
 
[quote name='imascrub']my mistake that i didn't call the police or grab any witnesses :\
How would I go about grabbing witnesses anyway? Just ask if some car next to me would like to be a witness to the accident, then grab their name and number?
I should have turned on the voice recorder on my phone when I got out of my car to grab his conversation.

I remember him specifically saying "...haven't gotten into an accident in over 30 years" and "I was thinking like why isn't he moving?? Then I looked up and was like ohh man"

he was referring to the lights that were off, meaning that he wasn't paying attention to the lights really. He didn't see red, so he thought go, but there was no green there either so he would have plowed straight through the intersection if I wasn't there. He should be thanking me that he didn't get his ass injured or worse if I wasn't there.[/QUOTE]

i think your mostly $#$# cause you didnt get a police report. even if you had a tape recording it wouldnt do jack shit for you.

1. no matter how small the damage call the cops. No police report then your #$#$#

2. Write down the dudes licence plate number (they can give you fake info-- at least with a plate number you can track them down)

3... talk to the cops no matter if the cop say they got the entire story (friend got into a wreck. Dude was sitting behind this person waiting to get their mail and the dude backed into my friends car. The person said my friend slammed into them .

4 Get a copy of the report


5.... BIG BIG Mistake not calling your insurance company as soon as it happened. the person could of called his insurance company said it was your fault and you did a hit and run and then you really be #$#$#$##



Do you have pictures of your car before the wreck and take pictures now. Thay would be some proof that that much damage couldnt be cause from someone sitting at a stop and backing into someone.

do not belive them Just cause someones car has no damage they didnt hit you... Some lady ran a red light back in 2004 and slammed into head on.

My car looked like it hit a telephone pole the hood was crushed all the way to the winshild and the lady who hit me car didnt have a dint on it

The damage is made on how the 2 cars made impact with one another.

but with no police report -- not calling your insurnace at the time it happen sadly its just your word against theirs.

Meaning you will probally have to pay for your own car
 
couple days ago i rear-ended this Fiat and then that car hit the Ford in front of them. there was no damage between me and the Fiat.

Ford had some "scratches on his bumper" and wanted my driver's license info and i begrudgingly gave it to him and then drove off. the police didn't come while i was there.

so i'm hoping his insurance screws him and i never hear about this? :whistle2:#
 
[quote name='slidecage']5.... BIG BIG Mistake not calling your insurance company as soon as it happened. the person could of called his insurance company said it was your fault and you did a hit and run and then you really be #$#$#$##[/quote]

Don't think they can pin it on me as a hit and run since I have his business card and his insurance policy #. He called his insurance company to report the accident, then I called in and was first to give details, then he gave details after that...

I read after some googling that I should not have given any statements until I talked to like...an attorney or my agent or something.


[quote name='slidecage']Do you have pictures of your car before the wreck and take pictures now. Thay would be some proof that that much damage couldnt be cause from someone sitting at a stop and backing into someone.[/quote]

I don't have before pictures, but the auto repair shop took pictures of the damage and has sent it to the other guys's insurance. Honestly from the looks of it I'd had to have backed up pretty fast to get the kind of damage that I have. My trunk where the latch is has been crushed a little bit just enough to not enable me to open it. The left corner of my bumper has been dented inwards, and the bumper was pushed inwards enough that the seams are busting out on the sides right under the rear lights. My trunk is slightly raised and not flush due to the impact and probably has something to do with the hinges. There's most likely structural damage underneath...

I'm just hoping the inspectors aren't a bunch of dicks and will honestly see that there's no way I could have backed into him. Besides, it wasn't a red light situation, there was no steady flow of traffic coming that prompted the need for me to back away to make room. It was a busted light that everybody was treating as a 4 way stop. Stop and go, each direction gets their turn. There was no reason for me to back up at all.


I don't suppose going back to the intersection and grabbing a picture of the skidmarks from his tires would help prove anything lol. There was a very audible screeching right before he hit me, so there should be tracks left.
 
Don't deal with his insurance at all ever. Even if they know it was his fault they will still try to screw you. It's their job. Go through your insurance and have them take care of it.
Like everyone else said threaten or investigate legal action. The no dmg to his bumper thing is a lie and does not proove a thing. Doesnt mean squat. Its all about car durability. Especially if he has a jeep and you have a tin foil compact.
Take pics of the car, the instersection and try to get a report from the road people that verifies that the lights were malfunctioning at the time. Draw up a little chart of what happened with the pics included.

No one backs up at an intersection and if you get proof that the lights were off, that goes a long way in court to prooving that he wasnt paying attention to your vehicle being stopped.

Getting pics of his screech marks would help a lot in your diagram for court/insurance. Take pics of everything!

Good luck!
 
[quote name='imascrub']Don't think they can pin it on me as a hit and run since I have his business card and his insurance policy #. He called his insurance company to report the accident, then I called in and was first to give details, then he gave details after that...

I read after some googling that I should not have given any statements until I talked to like...an attorney or my agent or something.






I don't have before pictures, but the auto repair shop took pictures of the damage and has sent it to the other guys's insurance. Honestly from the looks of it I'd had to have backed up pretty fast to get the kind of damage that I have. My trunk where the latch is has been crushed a little bit just enough to not enable me to open it. The left corner of my bumper has been dented inwards, and the bumper was pushed inwards enough that the seams are busting out on the sides right under the rear lights. My trunk is slightly raised and not flush due to the impact and probably has something to do with the hinges. There's most likely structural damage underneath...

I'm just hoping the inspectors aren't a bunch of dicks and will honestly see that there's no way I could have backed into him. Besides, it wasn't a red light situation, there was no steady flow of traffic coming that prompted the need for me to back away to make room. It was a busted light that everybody was treating as a 4 way stop. Stop and go, each direction gets their turn. There was no reason for me to back up at all.


I don't suppose going back to the intersection and grabbing a picture of the skidmarks from his tires would help prove anything lol. There was a very audible screeching right before he hit me, so there should be tracks left.[/QUOTE]

forgot about one thing. Few months back i forgot to put my car in park and it rolled into a post office apartment mail box (probally around 3 or 4 MPH and it crushed the trunk pretty bad and broke out the tail light. Wait them try to pull that

Ummm even at 2 to 3 mph you could still cause that much damage. Worse thing comes you get a lawyer and sue them. Most insurance compaines will back down in a 2nd once you say your taking them to court. Hell the guy is getting off lucky if you ask me. You could of fell out of your car screaming that your hurt and sue the hell out of them....


I remember reading long ago someone Bumped into someone at a red light, they refused to get out of their car until their wife came with the video camera and video tape them being rolled in the amblance. Dude said he could never work again , Dont know if he ever won that lawsuit or not
 
[quote name='Noodle Pirate!']Getting pics of his screech marks would help a lot in your diagram for court/insurance. Take pics of everything!

Good luck![/quote]

Hmm unfortunately for me I drove by the area today, and noticed that there were multiple screech marks, so I don't think that would hold much water.

As for the traffic lights being off, who would I need to talk to to verify that kind of information? He's actually already admitted that the lights were off in his statement, and I mentioned that as well.

bah the more I think about this the more I'm getting pissed off. Like the time somebody broke into my car and rummaged through my stuff though nothing was taken fortunately (at least nothing that i found...)
 
What kind of damage is done to your rear? Can we see the pics? If it was sufficient to seal your trunk, its hard to believe you could do that backing up 5 feet.
 
[quote name='Kayden']What kind of damage is done to your rear? Can we see the pics? If it was sufficient to seal your trunk, its hard to believe you could do that backing up 5 feet.[/quote]

I took some pics today at work but won't be able to upload them till after I get home. I agree that backing up slowly and at such a short distance would not have caused such damage, unless I just absolutely floored it. He insults me by insinuating that I'm so ignorant as to not look backwards or at least in my rear view mirror while I'm reversing. Though I suppose given slidecage's account of his drifting car it *could* be possible to receive that kind of damage, but perhaps he was on a slope or not aware of the actual speed. Given that it drifted backwards, it must have been on some sort of slight slope.


-edit-
well here are the pics. Feel free to browse the other random sections of my album lol
http://s172.photobucket.com/albums/w8/feix/accident/
 
Slidecage says a lot of shit. None of it should even be read let alone taken as advice or under any form of advisement. Slidecage is a lot like medication that may make you drowsy, do not attempt to operate heavy machinery, think or engage in conversation while under the influence of slidecage.

Those pictures don't look as bad as I was thinking... his lie does seem feasible with that amount of damage given the fact that you are pretty much driving a plastic potato.

PS... Did you mean to attack us with pics of your chode? I totally see him popping out here. http://s172.photobucket.com/albums/w8/feix/accident/?action=view&current=01-left-topdown.jpg

[quote name='imascrub']I took some pics today at work but won't be able to upload them till after I get home. I agree that backing up slowly and at such a short distance would not have caused such damage, unless I just absolutely floored it. He insults me by insinuating that I'm so ignorant as to not look backwards or at least in my rear view mirror while I'm reversing. Though I suppose given slidecage's account of his drifting car it *could* be possible to receive that kind of damage, but perhaps he was on a slope or not aware of the actual speed. Given that it drifted backwards, it must have been on some sort of slight slope.


-edit-
well here are the pics. Feel free to browse the other random sections of my album lol
http://s172.photobucket.com/albums/w8/feix/accident/[/quote]
 
my chode you say...sure if that's what you want lol

if i were backing up slowly, would such an impact really displace entire trunk lid? That and my bumper is popping out at the seams (i dunno what else to call it) on both sides. He screeched right into my bumper, I would estimate somewhere around 10mph or so, along with the fact that he was braking, so maybe a little less.

Here are my arguments:

1) He didn't mention whether he was parked or still coming to the line. If he was parked he surely would have honked to let me know. If he'd honked, I would have braked immediately, thus avoiding or lessening the damage.

2) If he was coming up to the stop, and he claims I was reversing, he should have been slowing down as well, and seen my reverse lights coming back, prompting him to honk as well.

3) There was no need to back up at all in the first place. This wasn't a red light situation, meaning there was no steady stream of cars to get out of the way for. Everything was treated as a 4-way stop. Even if there was a car(s) coming, we all would have stopped, stared each other down, and waited for one of us to go ahead before moving along. The initial shock of an imminent accident should prompt us to brake immediately, not slam into reverse and floor it. It happens at stop signs all the time. Not to mention that would kill the transmission.

4) The initial hit was on the top side of the bumper. It would have taken a bit more speed to get over that and dent the trunk in to the point where the latch is broken and can't open. Though granted, as you said I am pretty much driving a plastic potato, I don't know exactly how much speed it would take to get over that.

5) The amount of give in the bumper and the dent in the trunk should (maybe) indicate how deep the hit went, and maybe lead to an estimated speed of impact, and how probable it was for me to be able to reaech that speed in reverse in such a short distance. Maybe getting a full comprehensive estimate would be more helpful in determining how much structural damage was done, but this requires that I leave my car at the repair shop, and getting a rental, which the guys's insurance is not ready to pay for....yet (hopefully).

Uhh...I have nothing else. The force is weak in me. Anybody who loves to argue and has a good argumenet for my case let me know. Any Phoenix Wright fans? lol
Like I said before, he knows in the back of his head that he slammed on the brakes and did not pay attention to the non-lights. If it weren't for me, he would have a much bigger problem on his hands.



-edit-
well i did what i shoulda done a long while back and called my insurance lol. The nice lady told me it wasn't a problem that I called in so late since I've been dealin with the other guys's insurance, and hopefully she meant that and can get this shit taken care of lol.
 
Yeah, I don't think you have to worry too much. It makes more sense that he would run into you when the traffic lights are out, rather than you spontaneously going into reverse and hitting him.
 
[quote name='imascrub']I took some pics today at work but won't be able to upload them till after I get home. I agree that backing up slowly and at such a short distance would not have caused such damage, unless I just absolutely floored it. He insults me by insinuating that I'm so ignorant as to not look backwards or at least in my rear view mirror while I'm reversing. Though I suppose given slidecage's account of his drifting car it *could* be possible to receive that kind of damage, but perhaps he was on a slope or not aware of the actual speed. Given that it drifted backwards, it must have been on some sort of slight slope.


-edit-
well here are the pics. Feel free to browse the other random sections of my album lol
http://s172.photobucket.com/albums/w8/feix/accident/[/QUOTE]


I think most of my damage was done cause of the angle it hit. It hit at a very werid angle. the corner of the box hit the side of my trunk. and yea it was on a small slope. Im just glad it hit the mail box and not another car or a person.

personally i thought you was talking alot more damage done to your car then the pictures show. I Doubt you will have any problem getting his insurance company to take care of this if you say your getting a lawyer.

Did you ever get claims of how much it will cost to fix it... guessing around 1000 maybe 1500 tops?? (pictures really cant show the real damage so im guessing..... when did this happen cause it usually takes a few weeks for their insurance company to get back to you

ALSO LOOK UNDER YOUR TRUNK TO MAKE SURE YOUR FRAME ISNT BENT. Doubtful but better safe then sorry.


So far i been in around 9 wrecks and never lost a single case yet. Keyword is say you got a lawyer and they should settle very quickly
 
well I've only got an initial estimate just for replacement parts and labor, but haven't been able to look underneath. The shop said they would need for me to leave it overnight so they can take it apart and look for undercarriage damage.

I've called my own insurance just last night and hopefully they will take care of everything... I'm still waiting to hear back from the other guys's insurance about what their final verdict is. An adjuster from my own insurance will also be calling me in the next couple of days... I guess if all else fails, I'll go the lawyer route.
 
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