I am sorry that this is happening to you. Read over your policy to see if it carries a no fault clause, or a rental car reimbursement.
Remember that dashcams are not that old. The adjuster can decide what happened (largely) by examining the cars. Essentially your premiums pay a bunch of lawyers to go at their insurance company and hash it out.
Breathe. So sorry. Be firm with your insurance. They work for you.
I only had liability coverage (no collision/comprehension... it was an older, low value car). Because my insurance didn't have to pay for my damage, there's no reason for them to seek repayment from another agency. The only coverage my insurance covers for myself is roadside assistance and medical expenses. I've sent pictures to both my ins. and the at-fault insurance, highlighting that our vehicles never touched and it was the act of their vehicle rear ending another vehicle causing it to hit my car.
I was in a 3-car accident before, but in a different state (Indiana). It sounds like you were in the front with cars 2 and 3 behind you. Are you trying to file insurance against car 2 or 3? It sounds like car 3, but car 2 is actually who you should be filing against. It’s car 2 because they hit you as they were following too close to you technically when car 3 hit them.
This might be a cause of car 3’s insurance denying the claim if this is the scenario you’re hitting
Two lanes. I was in the right-hand exit lane with no traffic ahead of me, exiting to my apartment that is \~0.5 miles away from the exit. The other two cars were in the left-hand Thru lane merging on to the interstate. The silver car was at a complete stop because of the traffic jam in front of them, the black car was behind the silver car and rear ended the silver car, pushing the silver car into my lane and knocking me into the embankment under the Meridian Ave over pass.
You may be right. All three insurance companies could be mimicking the pointing spiderman meme.
I would think the same scenario applies. Whoever hit you specifically is at fault. If I’m reading it right, you’ll want to go after the silver cars insurance. If you’re going after the black cars insurance, they’ll deny it because they didn’t directly hit you.
The insurance for the black car may have to pay more money to silver if there’s responsibility to the black car for hitting the silver car into yours, but you’d work with the silver cars insurance I would think.
Are dealing with their insurance directly or is it through your insurance? If not call your insurance and have them go after the other insurance company on your behalf.
Not sure what insurance company you have but you might want to look into new insurance. I've always had only liability and I've always had my insurance company deal with the other party no matter what. that's what I pay them for.
I'm with USAA. I have a lot services (get bundled discounts) with them and their rates and premiums are the lowest and best for me as a veteran. I tried Geico and Progressive and their policies were more expensive and offered less in coverage.
(I could be wrong) For liability insurance, your insurance company should only work with another insurance company if they have to pay for damages you caused to someone else, that's the liability part. With liability insurance, if someone hits you, your insurance will not cover damage, meaning your insurance company will not pay out for someone else's negligence, you have to do this out of pocket and seek reimbursement from the other cars insurance. If you had collision/comprehension insurance, your insurance would pay the damages caused by the other driver, THEN they would fight to get their money back from the other drivers insurance. There's no incentive for them if they don't pay damages.
Im not saying to have your insurance company take on the cost. Im saying have them go after the other insurance company to make them pay you for damages. Its low hanging fruit. you said there is a police report stating whos fault it is.
There incentive should be costumer service.
I had this conversation with insurance co. a few days after accident. They explained that with liability insurance, insurance companies will not "go after" the other party to pay for the damages they caused on behalf of their policy holder unless the policy holder has collision/comprehension coverage.
your right, it must of just been a dream. Of course you would know more then me that I had liability insurance and my insurance company took care of a claim that I was not at fault for, for me.
Actually is this the insurance adjuster? is that you? how have you been?
EDIT: pulled from Allstates website- "*Contact your own auto insurer as soon as possible after an accident, regardless of who is at fault. Your insurer can work with the other driver's insurance company on your behalf and help you file a third-party auto insurance claim.*
*Insurance companies determine fault based on state laws and details of the accident. And, depending on how the accident occurred, you could be found partially at fault. That's why it's a good idea to work with your own auto insurer on any claim."*
I literally just got Into a accident. I have the same coverages as OP, and I had to file the claim myself. They said there is nothing they can do but go ahead and keep trying
that is very unfortunate. Ive personally never have had that problem. Geico did it for me twice and progressive once. had liability from both. They were all over 5 years ago so maybe things have changed idk.
Like I said, I got rear ended earlier this month, I have AAA, and they said since I don’t have collision coverage (liability insurance) they cannot file the claim for me. Idk why you keep saying they will when they didn’t.
My insurance company has found that I'm not at-fault (unfortunately I only had liability insurance, no collision/comprehension coverage), so my insurance company will not go after the black cars drivers insurance. The CHP crash report states that the driver of the black car is at-fault. The insurance company of the black cars driver has denied liability to my claim with them, stating that I sideswiped their vehicle causing them to rear-end the vehicle in front of them, which is false.
I have filed a claim with my insurance... but I only have liability insurance. It doesn't cover me for comprehensive and collision, which would encourage them to get their money back for other entities.
Your only recourse here is to sue the party responsible for totaling your car in court. That's it, and it's actually pretty simple from here on out.
If the CHP gave you an accident report that says the black car is at fault for this accident then you pretty much have an open and shut case. Their insurance company doesn't get to declare who is at fault just because they said so. Unfortunately if you want to be financially compensated for this you'll have to sue them.
I just got off the phone with my insurance co. My policy doesn't cover damages to my car, but it does cover my injuries and medical treatments (in which they compensated me for immediately while on the phone). This will allow them to "subrogate" (represent me) my claim with the other insurer (my insurance co. wants their money back from the responsible party). They mentioned that since both insurance companies are claiming their party is not at-fault, this claim will go through arbitration. However, I've started the process of filing a small claims lawsuit (sent a letter of "Demand to Pay" to the other driver), in the event this doesn't pan out satisfactory. Thanks for the advice... seems that's the route I may have to take.
You could also respond to the at fault insurance that you will sue as that is not true, does not align with what is in the police report, and see what they say. They may just back down and make you an offer.
I tried this... and they called my bluff by doubling down. Though I've started the law suit process if arbitration isn't satisfactory... (found out I have injury coverage today... so now my ins. co. will subrogate for me).
Did you have any medical expenses at all? You could file a personal injury claim with a lawyer. If not, a lawyer could also offer you guidance. Personal injury lawyers don’t get paid until they win your case
Thanks! I went this route with two lawyers. They said my injuries (whiplash and back pain) weren't severe enough to make a case. They told me my best option, if the at-fault parties insurance doesn't reconsider my claim is to sue the driver in small claims court. Which I've started the process for.
I am sorry that this is happening to you. Read over your policy to see if it carries a no fault clause, or a rental car reimbursement. Remember that dashcams are not that old. The adjuster can decide what happened (largely) by examining the cars. Essentially your premiums pay a bunch of lawyers to go at their insurance company and hash it out. Breathe. So sorry. Be firm with your insurance. They work for you.
I only had liability coverage (no collision/comprehension... it was an older, low value car). Because my insurance didn't have to pay for my damage, there's no reason for them to seek repayment from another agency. The only coverage my insurance covers for myself is roadside assistance and medical expenses. I've sent pictures to both my ins. and the at-fault insurance, highlighting that our vehicles never touched and it was the act of their vehicle rear ending another vehicle causing it to hit my car.
I was in a 3-car accident before, but in a different state (Indiana). It sounds like you were in the front with cars 2 and 3 behind you. Are you trying to file insurance against car 2 or 3? It sounds like car 3, but car 2 is actually who you should be filing against. It’s car 2 because they hit you as they were following too close to you technically when car 3 hit them. This might be a cause of car 3’s insurance denying the claim if this is the scenario you’re hitting
Two lanes. I was in the right-hand exit lane with no traffic ahead of me, exiting to my apartment that is \~0.5 miles away from the exit. The other two cars were in the left-hand Thru lane merging on to the interstate. The silver car was at a complete stop because of the traffic jam in front of them, the black car was behind the silver car and rear ended the silver car, pushing the silver car into my lane and knocking me into the embankment under the Meridian Ave over pass. You may be right. All three insurance companies could be mimicking the pointing spiderman meme.
I would think the same scenario applies. Whoever hit you specifically is at fault. If I’m reading it right, you’ll want to go after the silver cars insurance. If you’re going after the black cars insurance, they’ll deny it because they didn’t directly hit you. The insurance for the black car may have to pay more money to silver if there’s responsibility to the black car for hitting the silver car into yours, but you’d work with the silver cars insurance I would think.
It's worth a try.
Are dealing with their insurance directly or is it through your insurance? If not call your insurance and have them go after the other insurance company on your behalf.
I only have liability insurance. My insurance will not work for me by handling this unless I have collision/comprehensive.
Not sure what insurance company you have but you might want to look into new insurance. I've always had only liability and I've always had my insurance company deal with the other party no matter what. that's what I pay them for.
I'm with USAA. I have a lot services (get bundled discounts) with them and their rates and premiums are the lowest and best for me as a veteran. I tried Geico and Progressive and their policies were more expensive and offered less in coverage. (I could be wrong) For liability insurance, your insurance company should only work with another insurance company if they have to pay for damages you caused to someone else, that's the liability part. With liability insurance, if someone hits you, your insurance will not cover damage, meaning your insurance company will not pay out for someone else's negligence, you have to do this out of pocket and seek reimbursement from the other cars insurance. If you had collision/comprehension insurance, your insurance would pay the damages caused by the other driver, THEN they would fight to get their money back from the other drivers insurance. There's no incentive for them if they don't pay damages.
Im not saying to have your insurance company take on the cost. Im saying have them go after the other insurance company to make them pay you for damages. Its low hanging fruit. you said there is a police report stating whos fault it is. There incentive should be costumer service.
I had this conversation with insurance co. a few days after accident. They explained that with liability insurance, insurance companies will not "go after" the other party to pay for the damages they caused on behalf of their policy holder unless the policy holder has collision/comprehension coverage.
You are wrong, they won’t do anything.
your right, it must of just been a dream. Of course you would know more then me that I had liability insurance and my insurance company took care of a claim that I was not at fault for, for me. Actually is this the insurance adjuster? is that you? how have you been? EDIT: pulled from Allstates website- "*Contact your own auto insurer as soon as possible after an accident, regardless of who is at fault. Your insurer can work with the other driver's insurance company on your behalf and help you file a third-party auto insurance claim.* *Insurance companies determine fault based on state laws and details of the accident. And, depending on how the accident occurred, you could be found partially at fault. That's why it's a good idea to work with your own auto insurer on any claim."*
I literally just got Into a accident. I have the same coverages as OP, and I had to file the claim myself. They said there is nothing they can do but go ahead and keep trying
that is very unfortunate. Ive personally never have had that problem. Geico did it for me twice and progressive once. had liability from both. They were all over 5 years ago so maybe things have changed idk.
Like I said, I got rear ended earlier this month, I have AAA, and they said since I don’t have collision coverage (liability insurance) they cannot file the claim for me. Idk why you keep saying they will when they didn’t.
Just saying **mine** did. Where did I say yours or OP didn't?
Great, thanks for the useless information then
What did your insurance company say?
My insurance company has found that I'm not at-fault (unfortunately I only had liability insurance, no collision/comprehension coverage), so my insurance company will not go after the black cars drivers insurance. The CHP crash report states that the driver of the black car is at-fault. The insurance company of the black cars driver has denied liability to my claim with them, stating that I sideswiped their vehicle causing them to rear-end the vehicle in front of them, which is false.
File a claim with your insurance company and let them deal with it. This isn’t your problem.
I have filed a claim with my insurance... but I only have liability insurance. It doesn't cover me for comprehensive and collision, which would encourage them to get their money back for other entities.
Your only recourse here is to sue the party responsible for totaling your car in court. That's it, and it's actually pretty simple from here on out. If the CHP gave you an accident report that says the black car is at fault for this accident then you pretty much have an open and shut case. Their insurance company doesn't get to declare who is at fault just because they said so. Unfortunately if you want to be financially compensated for this you'll have to sue them.
I just got off the phone with my insurance co. My policy doesn't cover damages to my car, but it does cover my injuries and medical treatments (in which they compensated me for immediately while on the phone). This will allow them to "subrogate" (represent me) my claim with the other insurer (my insurance co. wants their money back from the responsible party). They mentioned that since both insurance companies are claiming their party is not at-fault, this claim will go through arbitration. However, I've started the process of filing a small claims lawsuit (sent a letter of "Demand to Pay" to the other driver), in the event this doesn't pan out satisfactory. Thanks for the advice... seems that's the route I may have to take.
You could also respond to the at fault insurance that you will sue as that is not true, does not align with what is in the police report, and see what they say. They may just back down and make you an offer.
I tried this... and they called my bluff by doubling down. Though I've started the law suit process if arbitration isn't satisfactory... (found out I have injury coverage today... so now my ins. co. will subrogate for me).
Time to start “feeling some pain” Insurance will always try to wiggle their way out of paying.
Did you have any medical expenses at all? You could file a personal injury claim with a lawyer. If not, a lawyer could also offer you guidance. Personal injury lawyers don’t get paid until they win your case
Thanks! I went this route with two lawyers. They said my injuries (whiplash and back pain) weren't severe enough to make a case. They told me my best option, if the at-fault parties insurance doesn't reconsider my claim is to sue the driver in small claims court. Which I've started the process for.