Got rear-ended at a stop light - and she's blaming ME - Update #2!

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Posted 4/1/2013 by DanniDee in NSBR Board
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gritzi
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Posted: 4/5/2013 10:59:21 AM
Did the agent state why she's held with 0 liability since she was the one who rear ended you? Is there a way you can dispute that ruling?

Also, isn't it likely that you would get less for a trade-in since your vehicle has been wrecked? That should be taken into account since she hit you. Obviously not the case yet since your agency ruled no liability.

I would pursue if you have a recourse to appeal.

Good Luck!

SmartyPants71
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Posted: 4/5/2013 10:59:57 AM
Oh that really stinks! Have you seen the police report yet? Based on what it says, I'd definitely consider filing suit.

Rhondito
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Posted: 4/5/2013 11:00:00 AM
That's pretty shitty.


Rhonda



DanniDee
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Posted: 4/5/2013 11:03:07 AM
I agree that some it is likely because we have the same insurance. If it was another company it would've gone to arbitration. The police report just tells what we both said. Well, it says she said I rolled backwards. Rolled. How is that possible with a functioning automatic car.

According to the agent I just spoke with, there's nothing I can do to dispute it. My friend is good friends with a lawyer and shes going to ask him about it.

I have NO idea why it's 0% liability. The first sentence on the police report says "Vehicle one struck struck the back of vehicle two."

Absolutely amazing.

shecallsmenana
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Posted: 4/5/2013 11:08:06 AM
I am reading this in amazement. HOW can they call it 0% liability. Before signing anything you find out your rights. That is just ridiculous. You'd have to be rolling backward down a hill to get that much damage.

I think I'd also talk with the cop that wrote the report and ask him what he thought.

I would also be finding a different insurance company, I wouldn't be giving them another dime of my money! and it doesn't matter that you both have the same insurance company

SmartyPants71
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Posted: 4/5/2013 11:14:07 AM

According to the agent I just spoke with, there's nothing I can do to dispute it. My friend is good friends with a lawyer and shes going to ask him about it.


Well, that just makes me mad for you! I was involved in an accident a couple of years ago where they also ruled the same 0% liability. BUT, the insurance company had an appeals process which I went through. I can't believe they won't do the same for you!

LindaS
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Posted: 4/5/2013 11:16:05 AM

She does have insurance, the same carrier as me coincidentally. So the company is going to be paying for it one way or the other.


I had someone back into me on a parking lot, we both had the same ins co and they tried to pull this on me. No way! I was 100% not at fault and I was not paying my ded and having a claim on my record. I would fight. Call your agent, if he's any good at his job he'll deal with the adjuster for you.

jjpswife
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Posted: 4/5/2013 11:19:15 AM
I agree with the others. Get your boxing gloves on and fight this. That is completely WRONG.

I'm really sorry!!



DanniDee
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Posted: 4/5/2013 11:23:55 AM

Call your agent, if he's any good at his job he'll deal with the adjuster for you.


The agent that had been dealing with this claim for me already told me no when I asked if there was anything I could due to fight this. Can I attempt to force the issue after he's already shut it down?

newscrapper05
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Posted: 4/5/2013 11:25:56 AM
Ditto to Linda - I had to fight for it. The lady who hit me in the parking lot first told me it was her fault and how sorry she was. Guess she later talked to her DH and changed her story. I totally fought it and ended up paying nothing.

Christine58
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Posted: 4/5/2013 11:37:43 AM
I would be SO PISSED. I got rear ended once and paid NOTHING....it was over $3000 in damages and her insurance paid for all of it.

I would be raising cane with my insurance company.



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Posted: 4/5/2013 11:40:07 AM
I would look at switching insurance companies...and making sure that the agent knows that you are doing so.


Laurie


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Posted: 4/5/2013 11:46:45 AM
That is totally wrong. Sorry you're dealing with such a headache.

gritzi
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Posted: 4/5/2013 11:51:16 AM

The agent that had been dealing with this claim for me already told me no when I asked if there was anything I could due to fight this. Can I attempt to force the issue after he's already shut it down?


I'm far from an insurance expert. Unless that agent is the owner of the company then there's a person above him, a person over that one, etc etc. Climb the corporate ladder until you've exhausted any & all options. Ask your lawyer friend for help if necessary. Do not hesitate to let your voice be heard. Quite frankly, they are hoping you'll back down and just take the loss.

Super Soda
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Posted: 4/5/2013 12:03:17 PM
Do not rely on your agent for advice regarding whether you can dispute the insurance company's decision. He is not looking out for your best interest, and you can certainly dispute a coverage decision.

A visit with a lawyer may be worthwhile, especially if there is much money involved or potential injury, so that you can discuss your insurance company's liability finding, it seems especially sketchy since both parties are represented by the same company.

jml_9112
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Posted: 4/5/2013 12:10:24 PM
Oh HELL no. I handled auto liability claims for 10 years and there's no way with a police report stating what it says, that you would be found equally at fault.

Have you talked to the adjuster or just your agent? Heck, *I'll* talk to the adjuster if you want...that sucks!


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worker-pea
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Posted: 4/5/2013 12:16:55 PM
Most cars made after 2005 have black box recorders. That could prove you were not going backwards and a good forensic engineer could qualitfy how fast you'd have to be going backwards to cause that kind of damage.


MissyH

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Fireflyy
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Posted: 4/5/2013 12:26:58 PM
You have a LOUSY insurance company.

I would go over your adjuster's head. It's impossible for you two to magically hit each other and no one be at fault.

2peafaithful
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Posted: 4/5/2013 12:36:29 PM
Wow, that stinks! I just read your update. I can't believe it was settled that way.

ilovecookies
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Posted: 4/5/2013 12:42:07 PM
I sure hope I don't use this insurance company. Something sounds hinky.



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Posted: 4/5/2013 12:50:04 PM

I would look at switching insurance companies...and making sure that the agent knows that you are doing so.


Indeed.


Well Peas, I believe this thread has gone Thrusday.
"The Pot has not just met the Kettle, they are getting jiggy on the top of the stove." -Lanus

JBeans
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Posted: 4/5/2013 12:53:45 PM

I would look at switching insurance companies...and making sure that the agent knows that you are doing so.


Indeed.


Well Peas, I believe this thread has gone Thrusday.
"The Pot has not just met the Kettle, they are getting jiggy on the top of the stove." -Lanus

peapermint
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Posted: 4/5/2013 12:57:41 PM
Yeah, what bull**** insurance company is this? I am pissed on your behalf.

MizIndependent
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Posted: 4/5/2013 1:04:35 PM

The agent that had been dealing with this claim for me already told me no when I asked if there was anything I could due to fight this. Can I attempt to force the issue after he's already shut it down?
Go over his head...to his higher-up, mention the word "lawyer" and just see what effect that has.

ETA:

Yeah, what bull**** insurance company is this? I am pissed on your behalf.
Sounds like State Farm to me. They tried something similar when DH's car was smashed into in a parking lot.



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sweetandsour
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Posted: 4/5/2013 2:38:09 PM
Oh hell yeah, I'd be fighting that one while spitting nails! Escalate this for sure!


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Chlerbie
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Posted: 4/5/2013 2:43:13 PM
Uggh..hated to read your update. That just sucks.

I DID have something sort of similar. This elderly woman was AHEAD of me at a red light. Suddenly, she's just reversing. I beeped my horn several times, she just kept coming. In hoping she wouldn't hit me, I tried to go into the turning lane, but I didn't make it--she hit me in the front, near my headlight. I get out of the car and she didn't even realize she'd done it. Says she's sorry, etc. The police arrive and she tells them that she couldn't possibly have gone in reverse--that her car was stalled. She says *I* hit her. Because of the angle and what it looked like the policeman couldn't tell who was telling the truth, so it was 0% liability on each side. I was SO angry.


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forrestmom
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Posted: 4/5/2013 3:03:34 PM
Wow! This might be the first time I can think of where my state (FL) being no fault seems to cut out crap like this. Still suck though.

leftturnonly
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Posted: 4/5/2013 3:10:23 PM
There's got to be a way to fight it. Your soon-to-be-exagent sucks!




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DanniDee
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Posted: 4/5/2013 5:18:33 PM
Thanks to the peas, I've decide to try to fight this. I called and left a voicemail for the supervisor of the agent who handled my claim.

The more I think about it, the more it bugs me. I drive this route home everyday and today I noticed something. The exit ramp is on an incline toward the light. But, the slight hill crests/evens out and starts to gently slope the other way - toward the intersecting road. If my car was to somehow roll, and I was stopped as the first car at the light, laws of physics would say I would've rolled toward the intersecting road - NOT backwards towards the car behind me.

Quokka
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Posted: 4/5/2013 6:21:25 PM
Here it would be her fault. She was too close to your car and didn't have time to stop after you did. If you hit someone from behind, it's usually your fault. If she had kept even a small driving distance from your vehicle, she would not have hit you.

Gilly.



DanniDee
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Posted: 4/5/2013 6:25:50 PM
I know that the safe driving distance is generally what's brought up, but I honestly don't even think that was the problem. She'd been behind me on the highway for a whole exit and I'd already come to a complete stop. I don't know for sure exactly what she did because I wasn't looking back at her, but I'd guess she saw my car move when I moved forward to see around the car on the left and she wasn't paying attention and thought I was actually turning and stepped on it.

Either way tho. Still her fault in either.

Mewcat
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Posted: 4/5/2013 6:28:24 PM
Climb the corporate ladder until you've exhausted any & all options. Ask your lawyer friend for help if necessary. Do not hesitate to let your voice be heard. Quite frankly, they are hoping you'll back down and just take the loss.



Yep now is the time to fight.


~*Melissa*~

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Posted: 4/5/2013 8:51:17 PM
I would be hiring a lawyer and not signing ANYTHING from either ins company

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Posted: 4/6/2013 12:11:10 AM
Wow, I'd be funding a new insurance company I were you


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scorPEAo
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Posted: 4/6/2013 12:28:37 AM
This is why I carry obscure, but good, insurance! I had a similar situation and we both had state farm. State farm didn't even investigate her injury because she was also a policy holder. I canceled state farm and now I have insurance that most people have never heard of!



benem
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Posted: 4/6/2013 12:48:27 AM
I'm completely pissed off for you OP! What is the freaking point of even having insurance at this point?!?


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tracylynn
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Posted: 4/6/2013 12:55:42 AM
I'd also let them know I would be filing a complaint with your state insurance board.



M in Carolina
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Posted: 4/6/2013 12:56:14 AM
Dh got sideswiped by a teen with no driver's license or permit driving his mom who had a revoked license. We were living in Detroit at the time, and Michigan is a no fault state--so each party pays to fix their own car.

BUT you can sue the other person in civil court for your out of pocket costs in getting your car fixed. So dh threatened to take her to small claims court for our deductible, so she showed up on our doorstep one day with the cash. Again, driving without a license.

Dh was also asked to be a witness in court about her letting her son drive without a license and having a revoked license. She was found guilty. Hopefully this cost her enough that she won't pull that stunt again. The kid sideswiped dh and pushed him into another lane--then they tried to say it was his fault.




AussieMeg
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Posted: 4/6/2013 5:24:11 AM
Total BULLSHIT!! You absolutely MUST fight this!! Seriously, go as high as you possibly can.

I remember years ago, a friend of mine had a minor accident with another car involved. Her insurance company said that she was at fault and had to pay her excess (deductible). When she spoke to the other driver she found out that they both had the same insurance company, and BOTH of them had been told they had to pay the excess. Which meant the insurance company got $400 from each of them, even though only one was at fault. RIP OFF! My friend fought it an eventually won (in that she didn't have to pay her excess).

Peabay
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Posted: 4/6/2013 5:43:48 AM
I'm so glad you are fighting this. And let them know, every step of the way, that you will be changing insurance providers if they don't advocate for you. That's just a shitty way to treat a customer.



sharonmnc
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Posted: 4/6/2013 6:28:24 AM

I think I'd also talk with the cop that wrote the report and ask him what he thought.


DH got hit turning into our driveway and knocked clean into the front yard with his turn signal still on. The guy who hit him was an insurance agent for Allstate, our insurance company, and lied, saying that DH had been parked on the side of the road and pulled out. The cop said [insert southern drawl], "I don't get paid to call nobody a liar." Our agent was equally useless.

I would also be finding a different insurance company,
We did. Amica is awesome. Are you listening, Allstate?


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Janice_in_TX
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Posted: 4/6/2013 8:39:43 AM
We had a similar situation a few years ago. A man rear ended us and claimed we had changed lanes and run into him. We did not have the same insurance company, and his insurance co refused to pay for anything. There was not a lot of damage to our car, so we did not pursue it. But it was really aggravating!



GoBucks319
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Posted: 4/6/2013 8:50:24 AM
I was in something similar just a few weeks ago. How did they determine you were both at fault? I would definitely fight that. Just doesn't make sense.





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kelbel827
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Posted: 4/6/2013 9:17:53 AM
I would find a new ins company

DanniDee
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Posted: 4/9/2013 1:38:12 PM
Update #2!

Win! Thank you to everyone who encouraged me to fight this. I was able to contact my agent's supervisor and after a little push back from him commenting about how her story contradicted mine so they couldn't find who was at fault I point blank told him that if this was the way they were going to settle it, I'd be finding a new insurance carrier - to which he immediately responded with "Well, let me talk to Michael (original agent) and I'll call you back." Within 10 minutes he'd called me back saying that he discussed it with the agent who handled it and gave him his opinion and they will now be covering my deductible.

I found out she amped up her story for the insurance company. She told the police I rolled back, but apparently she told the insurance company she actually saw my reverse lights come on.

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Posted: 4/9/2013 1:44:08 PM



Youtube: Hungry For Change - Your Health is in Your Hands. Dieting doesn't work, this movie tells you why.

Your beliefs don't make you a better person, your behavior does.


jenjie
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Posted: 4/9/2013 1:48:47 PM
Another win for the peas! Dannidee I'm so glad they saw the light and chose to make things right for you.


~Jen


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Posted: 4/9/2013 1:52:17 PM
I am glad this got settled for you correctly, but am a little pissed at the insurance company. They were willing to screw you to get more money if you had caved, but since you didn't then you get better treatment. Wouldn't it be nice if they had just done the right thing in the first place.


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melanell
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Posted: 4/9/2013 3:24:36 PM
Yay!



jjpswife
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Posted: 4/9/2013 4:31:23 PM
That is freaking fantastic!! Good for you!

I lurve happy endings!


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