Auto Accident...Yeah

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 I'm terribly sorry about posting another auto accident question, but I can't find the answer to my questions in the previous threads unless I'm overlooking it.

I was driving. The car in front of me turned into the parking lot very slowly like they weren't sure they should turn there so I had to come almost to a complete stop for them to complete the turn so I could continue in the lane when BAM! I was rear ended.  I was taken from the scene by ambulance. I filed a claim with his insurance who asked me to get an estimate at a particular shop. I got the estimate they requested, scheduled the repairs at the shop of my choice, then contacted the adjuster to arrange for a rental. Adjuster was verbally belligerent and kept asking about injuries. I told him I don't know about injuries and I'm trying to get the car fixed. I refused to make a recorded statement and told him only what I said here about the accident. He's refusing to accept liability because he can't reach his insured for a statement.  The police report says who's at fault.

1. If I file with my insurance and have them subrogate, is pain and suffering usually paid also then subrogated?
2. Is my insurance more likely to pay me adequately for pain and suffering claim since they will subrogate?
3. I'll get a lawyer as a last resort because they don't seem to want accident cases around here unless injured goes to their chiropractors. I'm going to my doctor and his referrals because getting well is my primary objective.

I know no one would know a definitive answer to these questions, but I've never been a situation like this and maybe someone has more knowledge than me, generally speaking.

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FYI, posting the state would probably help you have a chance of getting a more relevant response.

In TX. Thanks.

Are you going after the insurance company of the car that was in front of you or the one for the driver that hit you from behind? I don't see how this is the fault of the driver in front. This seems to be fault of the car behind you.

Right, the car that hit me from behind. The car in front didn't do anything wrong.

Find an accident attorney of merit

If I were in your situation, I'd call my insurance agent and ask those questions.

I'm not sure if my story will help your situation, but here goes:
I had a lady open her car door into the side of my car. When I asked her why she did that, she did it again but harder. It was one of those earlier Ford Windstars that had the extra-long driver's side door instead of a driver's side slider (http://articles.orlandosentinel.com/1996-12-26/topic/9612240164_... There was a significant dent in my car. She apologized and exchanged information with me but then refused to talk to her insurance company. I found the name of her husband and called him. After that, she talked to the insurance company and it was quickly resolved.

taylor0987 said:   If I were in your situation, I'd call my insurance agent and ask those questions.

I'm not sure if my story will help your situation, but here goes:
I had a lady open her car door into the side of my car. When I asked her why she did that, she did it again but harder. It was one of those earlier Ford Windstars that had the extra-long driver's side door instead of a driver's side slider (http://articles.orlandosentinel.com/1996-12-26/topic/9612240164_... There was a significant dent in my car. She apologized and exchanged information with me but then refused to talk to her insurance company. I found the name of her husband and called him. After that, she talked to the insurance company and it was quickly resolved.

 
Thanks. I looked them up and was only able to find that they live in low income housing. The 19-year-old on the policy hit me, not that that makes a difference.

weht said:   Thanks. I looked them up and was only able to find that they live in low income housing. The 19-year-old on the policy hit me, not that that makes a difference.
  This is none of your concern. You should contact your own insurance company so they can go after the guy that hit you and his insurance. That is part of what your premium is for.

atikovi said:   weht said:   Thanks. I looked them up and was only able to find that they live in low income housing. The 19-year-old on the policy hit me, not that that makes a difference.
  This is none of your concern. You should contact your own insurance company so they can go after the guy that hit you and his insurance. That is part of what your premium is for.


This. Call your insurance agent and ask a few questions, that's why they get 10% of your premiums. Make them earn that commission for a change.

Do insurance agents really get as much as 10% of each annual premium paid directly to the insurer?

Thanks.

weht said:   2. Is my insurance more likely to pay me adequately for pain and suffering claim since they will subrogate ?Since the car behind you is very likely At Fault, their insurance will only be paying one entity. Likely your insurance company if you go through them.

xoneinax said:   
weht said:   2. Is my insurance more likely to pay me adequately for pain and suffering claim since they will subrogate ?
Since the car behind you is very likely At Fault, their insurance will only be paying one entity. Likely your insurance company if you go through them.

  Right, but I wanted to know if my insurance will pay me for bodily injury in addition to property damage then get it back from their insurance and would it be easier to collect bodily injury from my insurance since they will get it back.

Read your policy, and I don't see any harm in contacting your insurer either. Much will depend on whether you were carrying Medical Payments, PIP, and potentially UM/UIM. I see no reason to expect you'd get tagged with any fault apportionment in these circumstances and your insurer will find out about it anyway.

I learned this the hard way...If the insurance company can't reach their insured, they will not accept liability.   I was in the same situation.  The other insurance company denied my claim.  Finally, I said i was filing a lawsuit and they should at least look at the evidence.  I had made a video of the accident.  I uploaded the pics, they said it does not show the number plate.  I uploaded the pic of the number plate, they said, it does not show the insured's face.  I uploaded the insured's face with the car and the number plate and finally they caved in.

I did ask them, if next time i was in an accident, all i have to do is not pick up the phone and I will not be responsible.  They said pretty much. 
 

IMBoring25 said:   Read your policy, and I don't see any harm in contacting your insurer either. Much will depend on whether you were carrying Medical Payments, PIP, and potentially UM/UIM. I see no reason to expect you'd get tagged with any fault apportionment in these circumstances and your insurer will find out about it anyway.
  I was thinking I would get tagged with fault if I call that why I was trying to avoid calling them unless absolutely necessary. Thanks for the info. I'll call them.

No, fault determination is based completely on the facts. While the police report isn't guaranteed to be followed, it does play a role and I don't see any dispute of the facts here.

Unless some or all of your brake lights were not working (and I haven't even had to explicitly assert that any of the times I've been rear-ended sitting at traffic lights) I can't see how they'd tag you with any negligence at all in these circumstances.

Your insurer will also probably want a statement, but should be a friendlier audience since they won't have any interest in undermining your case. I really think you're pretty safe on even the adversarial statement for this set of circumstances. "Just the facts, ma'am," as they said on Dragnet. The adversarial interviewer might suggest you were distracted and had to stop abruptly or say things designed to lead you into making statements minimizing your injuries, but if you're ready for those it should be pretty obvious.

IMBoring25 said:   No, fault determination is based completely on the facts. While the police report isn't guaranteed to be followed, it does play a role and I don't see any dispute of the facts here.

Unless some or all of your brake lights were not working (and I haven't even had to explicitly assert that any of the times I've been rear-ended sitting at traffic lights) I can't see how they'd tag you with any negligence at all in these circumstances.

Your insurer will also probably want a statement, but should be a friendlier audience since they won't have any interest in undermining your case. I really think you're pretty safe on even the adversarial statement for this set of circumstances. "Just the facts, ma'am," as they said on Dragnet. The adversarial interviewer might suggest you were distracted and had to stop abruptly or say things designed to lead you into making statements minimizing your injuries, but if you're ready for those it should be pretty obvious.

  OK, Thank you. Sorry if I sound obtuse; never had this experience before.

I had an accident a few years ago where a guy turned left at a light that I was driving straight through - a green light. He hit me in front quarter panel - 100% his fault, no way for me to stop or see that he would turn into a car that was already in the intersection.

These guys were obviously contractors, and unfortunately spoke very little English. Luckily it happened in front of the UPS Store I was renting a box in, where the employees were bilingual. To avoid the police being called, they transcribed a note taking responsibility for the accident, including photocopies of their insurance policy and the drivers license of the guy that was driving, and we had it notarized, because what the hell we were already at the UPS Store.

This wasn't enough as apparently when the insurance company contacted the owner of the car she said "It was not involved in an accident.". Having this woman's full name from her insurance documentation I found her contact information online including her phone number and position at a prominent Hispanic rights organization, and called her office to have a little chat. Once I faxed over the notarized document where a gentleman she claims "didnt have the car that day" admitted to causing the accident, she called her insurance company and admitted fault, but not until I mentioned how poorly this would probably reflect on her as her boss was going to be the next phone call.

This was a long version of a story to effectively say even a notarized document admitting fault with included photographs isn't even enough, and I call the police for every accident especially if the name on the drivers license doesn't match the name on the insurance card.

my car was rear ended twice past 3 years, both times going through the other party's insurance company since  they were willing to pay up,  the driver rear ending you is almost always at fault, it's one of the few scenarios where fault is easily determined,  also Texas is a  fault state so the at fault driver or his insurance is legally responsible to pay for your bodily and property damage, his adjuster kept asking about your injuries because he knows his company is on the hook although property damage is limited, medical has the potential to drag on, sometimes even with a big settlement  up to policy limit

you the one being rear ended is in the driver seat since they are 100% at fault, a sensible agent would not even bother to dispute, if i were you I would go after their insurance, but inform your insurance of the accident, and retains the option to go through your insurance if the other party stonewall

Better call Saul.  

weht said:   
xoneinax said:   
weht said:   2. Is my insurance more likely to pay me adequately for pain and suffering claim since they will subrogate ?
Since the car behind you is very likely At Fault, their insurance will only be paying one entity. Likely your insurance company if you go through them.

  Right, but I wanted to know if my insurance will pay me for bodily injury in addition to property damage then get it back from their insurance and would it be easier to collect bodily injury from my insurance since they will get it back.

Are you in a no-fault state?  Insurance can be confusing, because when people hear "no fault" they think it doesn't matter who causes the accident, but it does.  For example, in New York, "No fault" only applies to medical bills stemming from an accident.  That means it doesn't matter which party is at fault for causing the accident when it comes to getting medical bills paid.  Your own insurance (in New York state) covers your medical, period.  As far as property damage is concerned, New York is very much an at-fault state, and whoever caused the accident will be liable for whatever damaged resulted.

Nearly two years ago, I was slowing down to a crawl as I was approaching a red light.  BAM, I got whacked from behind and smashed into the back of the vehicle in front of me.  My own insurance paid for the ER visit that occurred 90 minutes later as well as five chiropractic visits over the next four weeks.  The insurance carrier of the guy who rear-ended me paid ALL the damage to all three vehicles.  I suppose I was lucky that the driver who hit me answered the phone and took responsibility, but the evidence was clear (indisputable, really) that it was his fault.  I suspect he answered the phone and admitted fault because his own collision coverage wouldn't have paid to repair the front of his van if he'd ignored the calls.  But it was his collision insurance that paid for his damage, and his liability coverage that paid for my damage and the damage to the woman in front of me.

Claiming reimbursement for medical bills stemming from an accident cannot cause your rates to increase in New York.  Only if you are partially or completely at fault does the accident go on your insurance record.  Since the guy who hit me took 100% responsibility, I still have a flawless driving record, and I still get my safe driver discount.  I'm sure there's a record somewhere (in addition to the police report at the local PD) that I was involved in an accident, but since I was 0% at fault, it doesn't get factored in when shopping for the lowest insurance rates.

The woman in front of me who I hit wasn't hurt and she and I were talking a bit before the police arrived, even joking around a little.  As soon as the cop started asking questions, she started complaining, "my neck, my neck, my neck hurts."  I walked away and didn't say another word to her, thinking I don't really give a crap if she's going to fake an injury, because it's her own insurance who she'll be scamming.

DTASFAB said:   
 
Are you in a no-fault state?  Insurance can be confusing, because when people hear "no fault" they think it doesn't matter who causes the accident, but it does.  For example, in New York, "No fault" only applies to medical bills stemming from an accident.  That means it doesn't matter which party is at fault for causing the accident when it comes to getting medical bills paid.  Your own insurance (in New York state) covers your medical, period.  As far as property damage is concerned, New York is very much an at-fault state, and whoever caused the accident will be liable for whatever damaged resulted.

 

weht said: In TX. Thanks.

Texas is most assuredly NOT a no fault state.  In general if one party gets a citation the insurance companies in TX will always assign responsibility accordingly.  
 

I've been in an accident, in TX, where the other driver was 100% at fault. He fell asleep at the wheel. He had the state min, which is $30K, if memory serves. His insurance quickly clammed up and refused to pay for anything, so I did lawyer up, and went through a year of doctor appts, chiro appts (those helped the most), and physical therapy appts. In the end, we did file a lawsuit, and only then was his insurance wiling to concede fault, but $30K was a drop in the bucket between myself and the other claimants, so he filed for BK. Took another year before my case was finalized, and we never did proceed with a court case. My insurance paid to replace my car, paid all my medical bills, and paid me a small lump sum for my ongoing medical needs. His insurance contributed a very small amount to the overall bill.



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