I got in my first car accident need advice... SAD FACE

[cl-1b]

Police reports just note the incident happened, they don't state who is at fault.

Actually if they came on scene they do, you just have to purchase it online or at the police station. Maybe its different in your area but the insurance companies have access to all of this 

 

[tedrjr033]

Insurance claims adjuster here for a major auto carrier.

I don't believe this claim is going to work out as easy as it seems. The person you spoke with at Allstate is just a phone rep who takes claims reports but is not a liability adjuster. Based on what you said happened in the accident, you will be considered not-at-fault in this accident.

However, the other two cars involved will both have negligence (fault) on them. The car that was switching will be considered at fault for improper lane change. The other car will be considered at-fault as well for not keeping a proper lookout and a safe following distance. Allstate will likely only accept a percentage or so of the damage (likely 50%-75%) and the other insurance company will do the same. This all depends on what state is happened in as well.

I would recommend to file through the own collision coverage and pay your deductible. Your insurance company will handle your repairs/rental and then go after the 2 other insurance companies for recovery thru subrogation. Once your company recovers they will refund your deductible..

Let me know if you have questions.

 

[tedrjr033]

 
Actually if they came on scene they do, you just have to purchase it online or at the police station. Maybe its different in your area but the insurance companies have access to all of this 

This is correct as well. Police officers do not determine who is responsible in the accident. They only gather the initial statements at the scene and put them on the police report and possibly issue tickets. They will then leave up to the insurance companies to handle

 

[$tatus $ymbol]

^^ work in insurance as well & Ted's responses are on point

 

[cl-1b]

 

 
Actually if they came on scene they do, you just have to purchase it online or at the police station. Maybe its different in your area but the insurance companies have access to all of this 

This is correct as well. Police officers do not determine who is responsible in the accident. They only gather the initial statements at the scene and put them on the police report and possibly issue tickets. They will then leave up to the insurance companies to handle

right.. but since he wasn't ticketed that constitutes him not being at fault, correct? I'm sure as the police report states the lady who swerved lanes from the opposite direction got ticketed. I would get a lawyer involved if allstate didn't pick up the tab for sure. 

 

[yanky]

Is there frame damage?

 

[tedrjr033]

right.. but since he wasn't ticketed that constitutes him not being at fault, correct? I'm sure as the police report states the lady who swerved lanes from the opposite direction got ticketed. I would get a lawyer involved if allstate didn't pick up the tab for sure. 

No that's not correct. The ticket the officer issues is only for a traffic violation. It does not determine fault although it can be used as evidence towards a liability decision. Unless the officer witnessed the accident, his word isn't really any different than the drivers involved.

For example: Car #1 stops in the middle of the interstate for a squirrel. Car #2 rear ends Car #1. The officer gives a ticket to Car #2 for following to close. However, throughout the investigation Car #1 admits to stopping for a squirrel. The officer isn't going to issue a ticket since this isn't a traffic violation. But since Car #1 overreacted in this scenario he will be found partially responsible as well. Depending upon the rules of the state (comparative or contributory), the insurance for Car #2 might not have to pay for the damages to car #2.

 

[mrgrapes85]

Insurance claims adjuster here for a major auto carrier.

I don't believe this claim is going to work out as easy as it seems. The person you spoke with at Allstate is just a phone rep who takes claims reports but is not a liability adjuster. Based on what you said happened in the accident, you will be considered not-at-fault in this accident.

However, the other two cars involved will both have negligence (fault) on them. The car that was switching will be considered at fault for improper lane change. The other car will be considered at-fault as well for not keeping a proper lookout and a safe following distance. Allstate will likely only accept a percentage or so of the damage (likely 50%-75%) and the other insurance company will do the same. This all depends on what state is happened in as well.

I would recommend to file through the own collision coverage and pay your deductible. Your insurance company will handle your repairs/rental and then go after the 2 other insurance companies for recovery thru subrogation. Once your company recovers they will refund your deductible..

Let me know if you have questions.

So since I already set up the claim through my insurance I have a claim open, they want to ensure that her insurance will take care of it first and defend me before they go ahead and start making the repairs. According the claim adjuster that is working with me from my company.

 

[cl-1b]

 

right.. but since he wasn't ticketed that constitutes him not being at fault, correct? I'm sure as the police report states the lady who swerved lanes from the opposite direction got ticketed. I would get a lawyer involved if allstate didn't pick up the tab for sure. 

No that's not correct. The ticket the officer issues is only for a traffic violation. It does not determine fault although it can be used as evidence towards a liability decision. Unless the officer witnessed the accident, his word isn't really any different than the drivers involved.

For example: Car #1 stops in the middle of the interstate for a squirrel. Car #2 rear ends Car #1. The officer gives a ticket to Car #2 for following to close. However, throughout the investigation Car #1 admits to stopping for a squirrel. The officer isn't going to issue a ticket since this isn't a traffic violation. But since Car #1 overreacted in this scenario he will be found partially responsible as well. Depending upon the rules of the state (comparative or contributory), the insurance for Car #2 might not have to pay for the damages to car #2.

Right... I underlined his argument that should constitute him not being liable for damages in his situation tho. There should be no reason his insurance company needs to compensate if the police report says the driver that caused the accident came from the opposite side of the interstate and caused the crash. Him slightly moving to avoid a head on collision won't be enough in my eyes for allstate to look for an alternative payment method. In fact him going thru his company first may financially impact him more then going to allstate first. Im not ruling out saying that its impossible allstate will try to get compensation from his company.. but avoiding that if possible. Sure someone who works for insurance would tell you to call your company first, thats how they make money 

 

[mrgrapes85]

It's clearly not my fault, it's actually quite obvious and the driver even admitted fault from the beginning and apologized for hitting me.

She swerved from the opposite side of the highway and did a 180 into my lane. She clearly lost control of her car and it could have been much worse, but I avoided even more damage by turning off to the side and only swiping the side of her car.


I don't believe there is any frame damage btw...

 

[cl-1b]

It's clearly not my fault, it's actually quite obvious and the driver even admitted fault from the beginning and apologized for hitting me.

She swerved from the opposite side of the highway and did a 180 into my lane. She clearly lost control of her car and it could have been much worse, but I avoided even more damage by turning off to the side and only swiping the side of her car.


I don't believe there is any frame damage btw...

i would follow up daily with allstate and relay urgency. Your car should be in the shop this week getting worked on. All necessary documents are available to them and nothing should be hindering your process right now. 

 

[tedrjr033]

Right... I underlined his argument that should constitute him not being liable for damages in his situation tho. There should be no reason his insurance company needs to compensate if the police report says the driver that caused the accident came from the opposite side of the interstate and caused the crash. Him slightly moving to avoid a head on collision won't be enough in my eyes for allstate to look for an alternative payment method. In fact him going thru his company first may financially impact him more then going to allstate first. Im not ruling out saying that its impossible allstate will try to get compensation from his company.. but avoiding that if possible. Sure someone who works for insurance would tell you to call your company first, thats how they make money 

Yeah, I see what your saying. I agreed in my original post that there is going to be no blame on OP, but there is blame on both of the other drivers. Allstate likely won't roll over and take responsibility for 100% of this accident. The reason why I recommended OP use his own coverages is that the decision on what percentage each company will handle could take days or weeks and this leaves OP without a rental car during that time.

I would recommend gong thru Allstate first too and seeing if they will handle 100%. But if it's too lengthy, he may want to consider his own coverages. I'm not sure what state OP is in but certain states are not allowed to surcharge for not at fault accidents. Not to mention, even if OP didn't report it to his insurance, they would discover it when they run his report at renewal time.

 

[mrgrapes85]

Yeah, I see what your saying. I agreed in my original post that there is going to be no blame on OP, but there is blame on both of the other drivers. Allstate likely won't roll over and take responsibility for 100% of this accident. The reason why I recommended OP use his own coverages is that the decision on what percentage each company will handle could take days or weeks and this leaves OP without a rental car during that time.

I would recommend gong thru Allstate first too and seeing if they will handle 100%. But if it's too lengthy, he may want to consider his own coverages. I'm not sure what state OP is in but certain states are not allowed to surcharge for not at fault accidents. Not to mention, even if OP didn't report it to his insurance, they would discover it when they run his report at renewal time.

Thanks man

I spoke with my company (progressive) and they spoke with Allstate (her company) Allstate hasn't claimed liability yet, just because the claim adjuster hasn't been out to see my car but will be around to see it by Wednesday. My guy said that they will claim liability, but if they can't get around to seeing my car by Wednesday they'll have to step in and start the repair process.

 

[tedrjr033]

Thanks man

I spoke with my company (progressive) and they spoke with Allstate (her company) Allstate hasn't claimed liability yet, just because the claim adjuster hasn't been out to see my car but will be around to see it by Wednesday. My guy said that they will claim liability, but if they can't get around to seeing my car by Wednesday they'll have to step in and start the repair process.

Cool, sounds good man. I hope everything works out smoothly and quickly for you. Let me know if you have any questions or issues along the way.

 

[dipsetgeneral]

Yeah OP, you don't have to pay a lawyer either. You'll get a free lawyer. Go that route and get thousands bucks richer! Damn that's a serious accident. You sure your not hurt man?

I actually committed a hit n' run last month. Campus police next to the university came to my house a half an hour later. Went outside and spoke to them and they were suppose nice and just had me exchange information with the woman I hit and ran on.

Weird, I don't know if she ever reported it because my insurance company never contacted me and neither has she. It's been over a month.

 

[mrgrapes85]

Update:

The total estimated cost of damage is over 9,000 dollars
View media item 1942479

but it's in the shop now and I'm trying to get that rental car.

but yeah I bought the police report today and it reaffirmed to me that it's her fault.

View media item 1942483I'm car number 2.

 

[cl-1b]

Damn 9k? Good thing they got you set up already tho. 

 

[mrgrapes85]

UPDATE #2

Allstate called and they said they're 100% liable for the damages (obviously) but it's official now.

whew, I'm glad they're taking over.

 

[frankmatthews]

I'm curious how this situation would have ended any differently if Op had just stuck with the initial claim he filed with his insurance. Other than your car would have probably been in the shop first thing monday morning.

 

[mrgrapes85]

I'm curious how this situation would have ended any differently if Op had just stuck with the initial claim he filed with his insurance. Other than your car would have probably been in the shop first thing monday morning.

well to be honest, I didn't want my premiums to rise even though I knew it would be her fault.

I just didn't want my company to get involved and have to pay for it then have to go through the other insurance to get paid.

Plus, her company had my car in the shop by Monday Afternoon, so I'm cool with it.

 

[al audi]

well to be honest, I didn't want my premiums to rise even though I knew it would be her fault.

I just didn't want my company to get involved and have to pay for it then have to go through the other insurance to get paid.

Plus, her company had my car in the shop by Monday Afternoon, so I'm cool with it.

it won't go up

don't listen to NT

 

[mrgrapes85]

Whiplash is setting in now and it hurts.

 

[kdawg]

well to be honest, I didn't want my premiums to rise even though I knew it would be her fault.

I just didn't want my company to get involved and have to pay for it then have to go through the other insurance to get paid.

Plus, her company had my car in the shop by Monday Afternoon, so I'm cool with it.

it won't go up

don't listen to NT

I dunno. Even though you're not at fault if you have a few of these things your insurance company will think you're a higher risk. Fault or not they want to charge you more because something about you means you get in more accidents.

Glad it all worked out though.