Car accident questions w/ artpad illustrations UPDATE (1 Viewer)

[gianmarco]

You should have called the police. Any type of accident on the road while driving, especially at that speed, is an automatic call to the police no matter what the damage. Forget the cars, what if she started complaining of some "neck pain"? It's not too late to file a report so I'd do that pronto. But, going to be hard to assign blame I'd think after the fact.

As pointed out above, find out the cost to fix vs. deductible. Depending on your insurance company, you can ask them what it would do to your rates if you filed and you're found partially at fault. Most can answer you before actually filing a claim. If you're not at fault at all (i.e. where the police report can help), then it won't touch your rates.

Finally, I'd wait until MOP and Tim weigh in before making any final decisions on what to do.

5th time, I only have liability insurance. Cops would have told me to nudge off if i called them. "anyone hurt?" "Nope" "cool, exchange info and see you later."

An accident at 45-50mph? I doubt that. Again, she may not have been initially hurt, but it would be VERY easy to claim an injury after the fact with an accident at that speed and have it be taken seriously. It doesn't matter if you only have liability. And without a police report, it's a he said/she said situation that I wouldn't want to find myself in.

 

[STEADYMOBBIN 22]

I'd get an estimate or two and weigh versus your deductible to see if it's even worth it to you. If your deductible is $500, and the damage is $700, avoid a claim at all costs. If we're talking a $1500 estimate, that's a different story and maybe you use insurance if you don't have/want to pay the extra rack to get it fixed.

PS - Thanks for the drawings, very clear what went down.

This to a T.

I only have liability!

Oh, no money for you.

Even if it's her fault?

I think liability only covers when you have to pay someone else and not your own car?

Liability covers only the other person IF it's your fault. No money for your repairs. Ever. Under any circumstances.

 

[STEADYMOBBIN 22]

You should have called the police. Any type of accident on the road while driving, especially at that speed, is an automatic call to the police no matter what the damage. Forget the cars, what if she started complaining of some "neck pain"? It's not too late to file a report so I'd do that pronto. But, going to be hard to assign blame I'd think after the fact.

As pointed out above, find out the cost to fix vs. deductible. Depending on your insurance company, you can ask them what it would do to your rates if you filed and you're found partially at fault. Most can answer you before actually filing a claim. If you're not at fault at all (i.e. where the police report can help), then it won't touch your rates.

Finally, I'd wait until MOP and Tim weigh in before making any final decisions on what to do.

5th time, I only have liability insurance. Cops would have told me to nudge off if i called them. "anyone hurt?" "Nope" "cool, exchange info and see you later."

An accident at 45-50mph? I doubt that. Again, she may not have been initially hurt, but it would be VERY easy to claim an injury after the fact with an accident at that speed and have it be taken seriously. It doesn't matter if you only have liability. And without a police report, it's a he said/she said situation that I wouldn't want to find myself in.

 

[Officer Pete Malloy]

The good news is that you're in LA and you can start to take advantage of the wonderful public transportation system there.

Kidding aside: I guess the bright side is that she actually had insurance. I know a few years ago that something like 1/5 of LA country drivers were uninsured.

 

[Nipsey]

You should have called the police. Any type of accident on the road while driving, especially at that speed, is an automatic call to the police no matter what the damage. Forget the cars, what if she started complaining of some "neck pain"? It's not too late to file a report so I'd do that pronto. But, going to be hard to assign blame I'd think after the fact.

As pointed out above, find out the cost to fix vs. deductible. Depending on your insurance company, you can ask them what it would do to your rates if you filed and you're found partially at fault. Most can answer you before actually filing a claim. If you're not at fault at all (i.e. where the police report can help), then it won't touch your rates.

Finally, I'd wait until MOP and Tim weigh in before making any final decisions on what to do.

5th time, I only have liability insurance. Cops would have told me to nudge off if i called them. "anyone hurt?" "Nope" "cool, exchange info and see you later."

An accident at 45-50mph? I doubt that. Again, she may not have been initially hurt, but it would be VERY easy to claim an injury with an accident at that speed and have it be taken seriously. It doesn't matter if you only have liability.

It may not have been that fast. I'm assuming I was going that fast because I was on the freeway but it could have been closer to 35 due to upcoming traffic. She bumped the side of my car and got right back into her lane. never felt like I could lose control. I never looked at the speedometer. Once she hit me I was more concerned about safely moving over to the right and on these freeways that's no easy chore. Cars were flying by on my right and horns were honking.

 

[Nipsey]

The good news is that you're in LA and you can start to take advantage of the wonderful public transportation system there.

Kidding aside: I guess the bright side is that she actually had insurance. I know a few years ago that something like 1/5 of LA country drivers were uninsured.

I've taken the bus before. Not too bad if you have a straight shot.

Honestly at this point I wish she had no insurance. I do have uninsured motorists coverage but wouldn't have used it here.

 

[Rohn Jambo]

What kinda car do you drive? Is it a cute little Mini Cooper?

 

[Nipsey]

What kinda car do you drive? Is it a cute little Mini Cooper?

smart car SUV

 

[gianmarco]

What kinda car do you drive? Is it a cute little Mini Cooper?

smart car SUV

Hybrid?

 

[Nipsey]

What kinda car do you drive? Is it a cute little Mini Cooper?

smart car SUV

Hybrid?

4 on the floor

 

[Aaron Rudnicki]

when I got in a car accident, we both drove to the nearest police station and filled out an accident report. you could still go and do that yourself.

I honestly don't know if this is a serious post or not.

To make a traffic accident report or a missing persons report, you must personally visit a district police station and make such a report in person.

https://portal.chicagopolice.org/portal/page/portal/ClearPath/FAQ/Records%20%20Reports

 

[Nipsey]

when I got in a car accident, we both drove to the nearest police station and filled out an accident report. you could still go and do that yourself.

I honestly don't know if this is a serious post or not.

To make a traffic accident report or a missing persons report, you must personally visit a district police station and make such a report in person.

https://portal.chicagopolice.org/portal/page/portal/ClearPath/FAQ/Records%20%20Reports

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

 

[Henry Ford]

What are the odds I'm listening to Back Door Man by The Doors and get hit in the back driver's side door? Gotta be at least Five to One.

Slightly better than listening to backdoor man and having a stranger ask you to put it in her rear end.

 

[Aaron Rudnicki]

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

probably not necessary. I have no idea what I'm talking about.

 

[Henry Ford]

when I got in a car accident, we both drove to the nearest police station and filled out an accident report. you could still go and do that yourself.

I honestly don't know if this is a serious post or not.

To make a traffic accident report or a missing persons report, you must personally visit a district police station and make such a report in person.

https://portal.chicagopolice.org/portal/page/portal/ClearPath/FAQ/Records%20%20Reports

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

Having your story on a police report to contradict whatever lies she told.

 

[Nipsey]

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

probably not necessary. I have no idea what I'm talking about.

you lost me.

 

[Aaron Rudnicki]

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

probably not necessary. I have no idea what I'm talking about.

you lost me.

I just thought if you were worried about her telling a story that made this look like your fault, you could protect yourself by filing a police report with your own side of the story.

Hopefully not necessary, but it's still an option. Sounds like the damage was small to both cars so hopefully not a big deal.

 

[Nipsey]

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

probably not necessary. I have no idea what I'm talking about.

you lost me.

I just thought if you were worried about her telling a story that made this look like your fault, you could protect yourself by filing a police report with your own side of the story.

Hopefully not necessary, but it's still an option. Sounds like the damage was small to both cars so hopefully not a big deal.

right but my question was if my police report was identical to my claim report why file two reports? The insurance company would be more apt to believe me if I made a back up report? I'm not really worried about anything. i think her parents were worried so they filed a claim. Were you being sarcastic when you said you had no idea what you were talking about?

 

[Aaron Rudnicki]

I said that because I'm not pretending to be some expert. Plenty of lawyers around if you want legit advice.

 

[Nipsey]

I said that because I'm not pretending to be some expert. Plenty of lawyers around if you want legit advice.

It sounded like a "hey, what do i know, I'm only an expert about accidents and whatnot."

 

[Aaron Rudnicki]

I said that because I'm not pretending to be some expert. Plenty of lawyers around if you want legit advice.

It sounded like a "hey, what do i know, I'm only an expert about accidents and whatnot."

sorry, not my intent.

was just my personal experience. I hit a cab driver and we filled out a police report. neither of us called insurance. I ended up writing a check for a small crack in his bumper.

 

[Nipsey]

I said that because I'm not pretending to be some expert. Plenty of lawyers around if you want legit advice.

It sounded like a "hey, what do i know, I'm only an expert about accidents and whatnot."

sorry, not my intent.

was just my personal experience. I hit a cab driver and we filled out a police report. neither of us called insurance. I ended up writing a check for a small crack in his bumper.

I guess if you weren't going to get insurance involved, the accident was minor and it was your fault, filing a police report would make sense. I don't know what she could say that would dispute what happened based on where the damage to the car is located.

 

[ZBTHorton]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

 

[Henry Ford]

Serious question, what would be the point of filing a police report at this point? I gave the info to my insurance company and a claims adjuster is calling tomorrow to hear the rest.

probably not necessary. I have no idea what I'm talking about.

you lost me.

I just thought if you were worried about her telling a story that made this look like your fault, you could protect yourself by filing a police report with your own side of the story.Hopefully not necessary, but it's still an option. Sounds like the damage was small to both cars so hopefully not a big deal.

Wait, that's what I said. You said not to.

 

[Nipsey]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

 

[Nipsey]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

 

[ZBTHorton]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

 

[Henry Ford]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

 

[ZBTHorton]

Lastly, before I go to bed.

If you haven't called in your statement to your company...some advice.

Don't use phrases like "not sure". Don't say things like "I don't know how it happened" or "I didn't see her".

Nail down a version of how the story happened in your mind and tell it. Be direct and sure of yourself. This claim is going to be worked by an entry level adjuster who likely just wants to have an easy decision to make. The more doubt you put into their minds or force them to type into their template the more likely they get fancy with this decision.

 

[Nipsey]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

She was driving as beater. I'd say it was like a '95 Toyota that was already damaged on the front end. Why would I want them to find 100% for her? Also the damage is to her right front headlight area and my rear drivers side door. Given where the damage is isn't it unlikely that they find 100% in her favor? is there anything I can say when I talk to the claims adjuster that would ensure things go my way?

 

[Nipsey]

Lastly, before I go to bed.

If you haven't called in your statement to your company...some advice.

Don't use phrases like "not sure". Don't say things like "I don't know how it happened" or "I didn't see her".

Nail down a version of how the story happened in your mind and tell it. Be direct and sure of yourself. This claim is going to be worked by an entry level adjuster who likely just wants to have an easy decision to make. The more doubt you put into their minds or force them to type into their template the more likely they get fancy with this decision.

Thanks. I'll nail this performance.

 

[Nipsey]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

 

[Henry Ford]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

 

[ZBTHorton]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

She was driving as beater. I'd say it was like a '95 Toyota that was already damaged on the front end. Why would I want them to find 100% for her? Also the damage is to her right front headlight area and my rear drivers side door. Given where the damage is isn't it unlikely that they find 100% in her favor? is there anything I can say when I talk to the claims adjuster that would ensure things go my way?

The point I was making above was assuming there would be two separate claims setup, but it does sound like after reading your earlier notes that she called this in on your insurance so there is likely only one claim open.

The points of impact definitely favor her, yes.

I answered the other question above.

 

[ZBTHorton]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

What other recourse would he have?

 

[ZBTHorton]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

She was driving as beater. I'd say it was like a '95 Toyota that was already damaged on the front end. Why would I want them to find 100% for her? Also the damage is to her right front headlight area and my rear drivers side door. Given where the damage is isn't it unlikely that they find 100% in her favor? is there anything I can say when I talk to the claims adjuster that would ensure things go my way?

Also. Definitely tell them she had damage on her front end already. Make sure if they do find against you that you don't pay to get it fixed.

 

[Nipsey]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

She was driving as beater. I'd say it was like a '95 Toyota that was already damaged on the front end. Why would I want them to find 100% for her? Also the damage is to her right front headlight area and my rear drivers side door. Given where the damage is isn't it unlikely that they find 100% in her favor? is there anything I can say when I talk to the claims adjuster that would ensure things go my way?

The point I was making above was assuming there would be two separate claims setup, but it does sound like after reading your earlier notes that she called this in on your insurance so there is likely only one claim open.

The points of impact definitely favor her, yes.

I answered the other question above.

You mean favor her to be at fault, no?

 

[ZBTHorton]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

She was driving as beater. I'd say it was like a '95 Toyota that was already damaged on the front end. Why would I want them to find 100% for her? Also the damage is to her right front headlight area and my rear drivers side door. Given where the damage is isn't it unlikely that they find 100% in her favor? is there anything I can say when I talk to the claims adjuster that would ensure things go my way?

The point I was making above was assuming there would be two separate claims setup, but it does sound like after reading your earlier notes that she called this in on your insurance so there is likely only one claim open.

The points of impact definitely favor her, yes.

I answered the other question above.

You mean favor her to be at fault, no?

If the damage is to her front headlight and your rear driver door than I would be far more likely to find you at fault.

Simply put. Cars are more likely to make lane changes into vehicles behind them than in front of them simply because of blind spots, etc.

 

[Henry Ford]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

What other recourse would he have?

Hint: I'm a lawyer.

 

[Nipsey]

Notes from someone who has worked auto claims:

1. The police weren't going to come in LA unless there were injuries.

2. Filing a police report at this point means nothing. The only thing a police report can do if he was on scene is help dissect the accident or interview witnesses who might stop. At this point that police report is no different than just telling your insurance company what happened.

3. Your insurance rates absolutely can go up after only one accident. Doesn't mean they will, but they absolutely can. Every underwriting company writes differently with different indicators.

4. I think it's very likely that your claim is seen as a word v word claim and neither side pays out on the liability side. Lane change disagreements are notoriously difficult to find fault with. Hardly anyone ever thinks they are at fault and there's just no way to verify it any other way. If she has already filed the claim with your insurance it seems pretty much inevitable that her version of the story has you at fault. If that's true, it would be very unlikely for them to find her at fault.

5. In the future if you are in an accident you should swap information with the other person and call 911. Tell the 911 operator your name, location, the other persons name, his vehicle and say you were in an accident. Reason being that TONS of people don't have legit insurance or don't answer the damn phone when their insurance calls. The police officer likely won't show up, but at least you'll have the 911 call log to fall back on. Also, take pictures of every damn thing you can find.

Thanks. If it's determined no fault can we then just decide to not do anything in lieu of insurance going up? No idea why she would have called that claim in except to think that I was going to.

She called in the claim for one of two reasons.

1. She thinks you are at fault or thinks she can say you are at fault and get her vehicle fixed.

2. She has collision coverage.

If she's driving a reasonable vehicle that is newer than about 8 years old in Cali I can virtually guarantee she has collision on her policy.

As for your other question....it depends. I work at a smaller company so we don't deal with many claims with our own policy holders. But there are a couple of different ways this can be written up. "Non fault" is the least likely.

The scenario you should be rooting for is that they find for you 100% on your policy and find for her 100% on her policy.

She was driving as beater. I'd say it was like a '95 Toyota that was already damaged on the front end. Why would I want them to find 100% for her? Also the damage is to her right front headlight area and my rear drivers side door. Given where the damage is isn't it unlikely that they find 100% in her favor? is there anything I can say when I talk to the claims adjuster that would ensure things go my way?

The point I was making above was assuming there would be two separate claims setup, but it does sound like after reading your earlier notes that she called this in on your insurance so there is likely only one claim open.

The points of impact definitely favor her, yes.

I answered the other question above.

You mean favor her to be at fault, no?

If the damage is to her front headlight and your rear driver door than I would be far more likely to find you at fault.

Simply put. Cars are more likely to make lane changes into vehicles behind them than in front of them simply because of blind spots, etc.

Wow. I was fully in the lane when she hit me and stayed in that lane after the impact. She hit me and went back into the lane she was changing from.

 

[ZBTHorton]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

What other recourse would he have?

Hint: I'm a lawyer.

So you'd take a case where the other driver was in a 95 beater and we're only talking about minimal damage?

I deal with auto lawyers all day. I can't think of any who would take this case from the OP. There's just no money to be won.

 

[Henry Ford]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

What other recourse would he have?

Hint: I'm a lawyer.

So you'd take a case where the other driver was in a 95 beater and we're only talking about minimal damage?I deal with auto lawyers all day. I can't think of any who would take this case from the OP. There's just no money to be won.

Eh. Small claims, file it himself. It's worth it to fix the car instead of hire a local lawyer.

 

[ZBTHorton]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

What other recourse would he have?

Hint: I'm a lawyer.

So you'd take a case where the other driver was in a 95 beater and we're only talking about minimal damage?I deal with auto lawyers all day. I can't think of any who would take this case from the OP. There's just no money to be won.

Eh. Small claims, file it himself. It's worth it to fix the car instead of hire a local lawyer.

Yeah true. Although if the other party shows he likely will have the same result as he did with insurance.

 

[ILUVBEER99]

Oh and everybody stop with the premium going up nonsense. Ol Nips doesn't have ANY moving violations or accidents.

It's roughly 3 or more moving violations and/or accidents where you were deemed at fault in the past 3 years before your premium goes up. If you plow through a crosswalk full of kids and the bus they got off on all bets are off.

yup. i got in accident (my fault) with about 5k damage to each vehicle. My premium didn't go up at all. Unless Nips is getting in tons of accidents it won't matter.

 

[Henry Ford]

if it's determined there's no fault and both of us have liability only, does that mean nothing will be paid out given it's the same insurance company?

Determined by who?

Eh?

A police or insurance determination of fault isnt the end of the inquiry. If you believe she is at fault.

What other recourse would he have?

Hint: I'm a lawyer.

So you'd take a case where the other driver was in a 95 beater and we're only talking about minimal damage?I deal with auto lawyers all day. I can't think of any who would take this case from the OP. There's just no money to be won.

Eh. Small claims, file it himself. It's worth it to fix the car instead of hire a local lawyer.

Yeah true. Although if the other party shows he likely will have the same result as he did with insurance.

Not necessarily.

 

[Nipsey]

Oh and everybody stop with the premium going up nonsense. Ol Nips doesn't have ANY moving violations or accidents.

It's roughly 3 or more moving violations and/or accidents where you were deemed at fault in the past 3 years before your premium goes up. If you plow through a crosswalk full of kids and the bus they got off on all bets are off.

yup. i got in accident (my fault) with about 5k damage to each vehicle. My premium didn't go up at all. Unless Nips is getting in tons of accidents it won't matter.

Zero accidents. I'm rehearsing now for tomorrow's call, I feel confident.

 

[Nipsey]

Just got off the phone with the claims adjuster. Picture of me on the phone:

http://artpad.art.com/gallery/?n4wy551aa7n4

So i was clear and concise in my description of the accident telling her I was firmly in the lane when I was hit. She asked me a few questions and said she thought there was decent chance it would go 50-50 because no witnesses although she would push for me to be no fault. Said chance "management" would get involved. I got the sense she was preparing me for next call which is where she tells me it's 50-50. She said insurance rate would not increase on 50-50 fault. Took 10 minutes. Thanks all for your input. Hopefully it goes my way but who knows.

 

[PaceSetter]

You need to flip your calendar to May.

 

[Nipsey]

Ruled "50-50". "Version vs. version" Does not affect my rate. She pays for 50% of my damages. Seems kind of BS to me but whatever.

 

[Fennis]

looks like you're masturbating