insurance question and car accident

[MillauFr]

Why are people so concerned about assigning fault? Isn't that impossible to do for the insurance companies?

 

[tvguy]

I have never heard of anyone getting a ticket for blocking traffic when they are involved in a traffic accident in NY.

These signs are along Highways in California. If your car can't be moved, law enforcement will come and push it out of the traffic lanes, or the Freeway Service Patrol will. It's all about getting the roadway clear if there are no injuries. But if there are no injuries, it is a civil matter and the insurance companies will handle who pays for what.

 

[tvguy]

Why are people so concerned about assigning fault? Isn't that impossible to do for the insurance companies?

Insurance companies do that every day.

 

[MillauFr]

Insurance companies do that every day.

How and why? Seems like a waste of time and money in 95% of cases. No one will tell the truth and the adjusters are basically having to guess.

 

[MillauFr]

These signs are along Highways in California. If your car can't be moved, law enforcement will come and push it out of the traffic lanes, or the Freeway Service Patrol will. It's all about getting the roadway clear if there are no injuries. But if there are no injuries, it is a civil matter and the insurance companies will handle who pays for what.View attachment 841075

Exactly. This is the way it should be. Moving your car out of the way to prevent another accident.

 

[Mackenzie Click-Mickelson]

Why are people so concerned about assigning fault? Isn't that impossible to do for the insurance companies?

Not impossible but I agree sometimes it's really hard to completely tell which is why sometimes you'll see a 50/50 split.

As for concerning fault well the Department of Insurance for each state cares. Each insurance company is filed through the states as to how they will write their business. It sets up when an accident can be chargeable and not though most often for new business (meaning if you switch insurance companies). Some states use percentage faults like "must be at least 50% at fault" some states use dollar amounts like "must be $750 pay out or more" so assigning fault because pretty important as time goes on.

But from a layman's perspective we all just don't want to be seen as at fault lol..human nature and all.

 

[tvguy]

How and why? Seems like a waste of time and money in 95% of cases. No one will tell the truth and the adjusters are basically having to guess.

It's all about the bottom line not right or wrong. The adjusters are just looking to get claims settled for the lowest cost. They pay their insureds costs, the other company pays their insureds costs, maybe a few thousand dollars each to fix the damage to the cars because if it goes to court they are looking at $100,000 each minimum.

 

[kymom99]

How and why? Seems like a waste of time and money in 95% of cases. No one will tell the truth and the adjusters are basically having to guess.

My son recently had a serious accident. After interviewing him on the phone, our insurance company decided he was at fault.

 

[cvjw]

Around here police do not state who was at fault. They just record the facts. However, since my son was issued a warning for improper lane change, that kind of made it obvious.

For my son’s accident, the police report said the other party was at fault. They referenced a couple of eye witness reports and gave the other driver a ticket for the violation he committed that caused the accident. Was very cut and dry and the other person still tried to have the blame moved to my son and sue us.

 

[MillauFr]

But from a layman's perspective we all just don't want to be seen as at fault lol..human nature and all.

Bingo. You nailed it.

 

[Dznypal]

next update

my friend just told me shes reasonable for the accident she didnt say if 100%
the other driver is changing his tune to make it sound like it was her fault

so now her next bright idea is shes going to draw a picture of how things happened and take it
to the other drivers ins
I told her with out the police or witnesses its now a he said she said
she didnt want to believe that
she told me a bit more and that might have changed things
how she said this happened is
she was in the correct lane to go straight according to her she was all the way in the correct lane not taking up 2 lanes so no one is sure which way your going
the guy in front of her was mostly in the left lane of a 2 way traffic one lane in each direction

not sure why he decided to move maybe he noticed the traffic coming right for him
so he decides hes going to back up and so he starts backing up and going into the lane my friend was in
she didnt think of hitting the horn but instead starting moving to the right thinking of just getting out of his way--which didnt work
so not sure if its cause she was moving also that the ins is saying its her fault or at least partially her fault
wonder what the next chapter will be
but thanks for the advice Im passing it onto her althoguh unless she likes what she hears she wont to anything

 

[PrincessShmoo]

so now her next bright idea is shes going to draw a picture of how things happened and take it
to the other drivers ins

She should be taking it to HER insurance. Don't ever deal directly with other driver's insurance, that's what you pay your insurance company for.

 

[Dznypal]

Funny that’s exactly what I told her and she poo pooed it.
She never listens to reason

 

[kymom99]

She should be taking it to HER insurance. Don't ever deal directly with other driver's insurance, that's what you pay your insurance company for.

When I was rear ended my insurance company gave me 2 options. 1) deal directly with the other driver’s insurance. 2) have my insurance pay to fix my car, I pay my deductible, and they would subrogate (?) the claim to get their money back. At that time I would get my deductible back.

I chose option 2.

My friends son was rear ended and their company wouldn’t do anything. The other guy’s insurance wouldn’t pay because he claimed the guy behind him pushed him into my friends son. They went back and forth for weeks. Eventually after my friend calling her company over and over they agreed to pay for the repairs. That was when it was determined it was totalled. All that waiting for nothing.

It’s almost easier to be at fault as far as getting a claim processed.

 

[barkley]

2) have my insurance pay to fix my car, I pay my deductible, and they would subrogate (?) the claim to get their money back. At that time I would get my deductible back.

i've always gone this route. i pay my insurance company to deal with this stuff. in one case it took almost 2 solid years before my insurance company settled it and i was reimbursed my deductible but i had my car repaired in month 1.

 

[tvguy]

When I was rear ended my insurance company gave me 2 options. 1) deal directly with the other driver’s insurance. 2) have my insurance pay to fix my car, I pay my deductible, and they would subrogate (?) the claim to get their money back. At that time I would get my deductible back.

I chose option 2.

My friends son was rear ended and their company wouldn’t do anything. The other guy’s insurance wouldn’t pay because he claimed the guy behind him pushed him into my friends son. They went back and forth for weeks. Eventually after my friend calling her company over and over they agreed to pay for the repairs. That was when it was determined it was totalled. All that waiting for nothing.

It’s almost easier to be at fault as far as getting a claim processed.

My parked car got hit by a drunk driver and I reported it to my insurance, who told me to file a claim with the other insurance company, but to keep them updated. I got three repair estimates and then took it to the other insurance company's adjuster. He took issue with the estimates. Mind you, the highest was $600! They were clearly dragging their feet. My insurance said they would contact that insurance company and give them until the end of the week to settle the claim or they would pay it and subjugate it to get their money back. I had a check in my hand the next day, from the other insurance.
So there are times you might contact the other insurance company, and I suspect my insurance would have handled it, but I wanted the car fixed as soon as possible.

 

[kymom99]

i've always gone this route. i pay my insurance company to deal with this stuff. in one case it took almost 2 solid years before my insurance company settled it and i was reimbursed my deductible but i had my car repaired in month 1.

Same here. I knew where I wanted the work to be done. That body shop was approved by my insurance company. I didn’t need any adjusters or multiple estimates.

 

[Dznypal]

I was with my friend today and shes all gun ho on drawing pics of how this all happened
she going to have her handyman do the drawing cause hes so remarkable he can do anything
and then shes taking them to the other driver insurance

I told her again its just going to be a he said she said game
at the very least she should have called police so there would be a report

she did say today that its her fault since she should have been back farther she didnt tell me how far back she was though or that fact that she was moving trying to get out of his way

she keeps saying that his insurance will cover this yea what does he know what will be covered
I told her too that without witnesses or report that where the he said she said comes in
she said his wife was in the car--yea well can you guess what side shell be on

she was in another accident few years back that she claimed was not her fault
the way she discribed it it shouldnt have been her fault
but there just happened to be cameras and when the film was watched it was her fault
just another update and looking for ideas for her
not sure if shell take but does ask me for help in some things

 

[sam_gordon]

This is easy:

Friend: What do you think?
You: I don't know, I don't have experience in this.
Friend: yea, but they said they'd cover everything.
You: I don't know, I don't have experience in this.

Rinse & repeat. You can add in "talk to your insurance, that's what you pay them for"

 

[dizneegirl]

Maybe she could take dumpster cookies with the drawings... might help them find in her favor...