Insurance not accepting full liability

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I was in an accident where a new driver ran a red light and hit my car as I was making a protected green left turn, so he's a 100% at fault.  Exchanged information, gave my statement to my insurance company and dealing through them. Car is totaled and since I didn't have rental coverage, paying that out of pocket. Meanwhile, when the other driver's insurance company called to get my statement and photos of the accident, I did as advised by my ins co and told them I have already given my statement and they can take it up with my insurance company.

Since then, I found out that my insurance company does not share that info with other ins co. And, the at fault driver's insurance is claiming I am 85% at fault, which is ridiculous and also means I only get 15% of my deductible and rental fees, unless something changes in the subrogation process. It will also raise my rates and put an accident on my record when I am NOT the one who caused it! Should I call and give the driver's insurance company a statement now, will that change anything? Also, the at fault driver gave a recorded statement accepting he was at fault, to my insurance company. What is to be expected and how to deal with the at fault driver's insurance company assigning 85% fault to me?!

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FYI CA dash cam law only allows driver to mount it on three specific locations on the windshield.
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What state? I am assuming it's not no-fault...

CA

I don't know much about CA insurance procedures, but can you obtain both statements (yours and his) that were provided to your insurance company, and provide both to his insurance company?

Sue 'em!

My insurance company refuses to release any statements and am guessing they will pull out this information during the subrogation process to counter the 85% liability claim from the at fault driver's insurance company.

This is why you have a dash cam. It becomes your word against theirs.

Well, since there is no dash cam, nothing to do about it now. Did not giving a statement directly, work against me? Also, I did call 911, the cops came but did not make a report. No witnesses, either.

Globe2 said:   Well, since there is no dash cam, nothing to do about it now. Did not giving a statement directly, work against me? Also, I did call 911, the cops came but did not make a report. No witnesses, either.
 

  I would guess........Yes.

See, everywhere I read, it cautions against giving a recorded statement to the other party's ins co. Damned if you do, damned if you don't....

Were you speeding at all or anything that they could argue comparative negligence?

Not at all, I was completing my protected green left turn, when this guy hit my car. It astonishes me how they assigned 85% of the blame to me when their client, a newbie is 100% liable.

Has *your* insurance company assigned fault?

It is also quite possible that noob who hit you will not give statement to your insurance company. What happens then? Your insurance company only has your statement, their insurance company has only their client's statement. And apparently they don't share the statements. They can basically assign arbitrary fault. I could never understand how cops can refuse to give report. What does it take to get the cop do their job? Claim that you are injured?

Yes, my insurance company has assigned 100% fault. It seems he has given a recorded statement to my insurance company accepting fault.

Was involved in a rear-end accident at a traffic light couple of weeks ago, the other driver accepted full responsibility as I wasn't breaking to avoid red-light cam or anything like that.  There were two or three cars stopped ahead of me at the light so this was a case of the other driver coming in too fast or was texting and driving...whatever.  Called his insurance co and and they wanted my recorded statement.  Told them to talk to their insured first and if he doesn't take the full responsibility then come back and talk to me. 

Now, I here's the real deal.  I think they'll total my car because the estimates I've gotten are more than the value of my car but the car runs good and I don't want to get rid off it.  So, has anyone here bought back the totaled car from the insurance co?

 

Globe2 said:   Yes, my insurance company has assigned 100% fault. It seems he has given a recorded statement to my insurance company accepting fault.
  I would assume your insurance co. will have to sue the driver, and then they will be forced to pay.

Globe2 said:   Yes, my insurance company has assigned 100% fault. It seems he has given a recorded statement to my insurance company accepting fault.
  Then your insurance co and the other insurance co will hash it out.  What insurance company does the other driver have?

ach1199 said:   So, has anyone here bought back the totaled car from the insurance co?https://www.fatwallet.com/forums/finance/1551283
  

State Farm.

Globe2 said:    Also, I did call 911, the cops came but did not make a report. No witnesses, either.
 

  the other driver was not given a ticket for running a red light?

I was involved in an accident a few years ago. Car considered totaled. Their insurance (State Farm) wanted to pay me an amount close to book value and take the car. I said I wanted to keep the car. We settled for about 20%-25% less. They cut a check and I kept the car. Eventually, I had the car taken to a trusted collision repair center and repairs were done. Cost me a bit above blue book, but I was able to keep the car for a few more years in fully safe drivable condition.
We settled the other claims separately ... injury .. punitive damages, etc.
Their insured accepted 100% fault and State Farm did the same.

Also in many states, you are required to file a state report and can loose your license for not doing so.  Better look into the possibility your state does or does not have such a requirement.  Nebraska gives you ten days to do so.  This is separate issue.  Cops not taking report is immaterial.

DMV report expectations 


 

They just asked if everyone is okay and asked us to basically sort it out with the ins companies.

imbatman said:   
Globe2 said:    Also, I did call 911, the cops came but did not make a report. No witnesses, either.
  the other driver was not given a ticket for running a red light?

  In some jurisdictions, if the cop did not see it and no witnesses, no ticket may be given.

Is there a possibility there is video recording of that intersection somewhere from a business?

Get a dash cam. GearBest got B40C in stock for under $40 right now.

The other driver told the ins. Co. "That fool made an illegal left turn in front of me, running a red light."

Which Ins company is it?

OP, years ago State Farm handed out a pamphlet regarding what to do if you are involved in an accident. I hope you followed the advice. Another item is to read your state's driver's handbook. I'm certain with that amount of damage you are required to file a report with DMV. (I'm fairly certain State Farm won't do this part for you.) You should also track down the police report number to put into that filing.

Isn't there a police report?

ZenNUTS said:   Get a dash cam. GearBest got B40C in stock for under $40 right now.
Is this the best option for this cam? Cams in general? I've been putting off getting one.

bobley said:   ZenNUTS said:   Get a dash cam. GearBest got B40C in stock for under $40 right now.
Is this the best option for this cam? Cams in general? I've been putting off getting one.


I think my brother has one of those in one of his vehicles but I haven't asked his opinion of it. It looks like a lot of good stuff for the price. Capacitor (no battery to fail), full HD, wide angle lens, accelerometer. You can get more features and I like the GPS and rear-view channel on mine, but for the money that one's pretty impressive.

JW10 said:   
imbatman said:   
Globe2 said:    Also, I did call 911, the cops came but did not make a report. No witnesses, either.
  the other driver was not given a ticket for running a red light?

  In some jurisdictions, if the cop did not see it and no witnesses, no ticket may be given.

  I acknowledge what may happen.
i'm asking OP to confirm what happened.
If the other driver was given a ticket, the fault claims are pretty much moot because there's official documentation from the police saying who's at fault.
If the other driver was not given a ticket. the fight is much more difficult.

Why no police report on file?

Better Call SAUL

bobley said:   
ZenNUTS said:   Get a dash cam. GearBest got B40C in stock for under $40 right now.
Is this the best option for this cam? Cams in general? I've been putting off getting one.

  
From my research the B40C / A118 is best bang for buck.

Personally I'm planning on putting Street Guardian v3 2017 models in our cars, but those are about 3x the cost as the B40s.

ZenNUTS said:   Get a dash cam. GearBest got B40C in stock for under $40 right now.
 Can get it for $32.99 currently with code GB3RDDHF. Hard to go wrong at that price for the features of that dash cam. 

imbatman said:   
  I acknowledge what may happen.
i'm asking OP to confirm what happened.
If the other driver was given a ticket, the fault claims are pretty much moot because there's official documentation from the police saying who's at fault.
If the other driver was not given a ticket. the fight is much more difficult.


Police may determine a violation of the law was committed and issue a citation. They do not directly establish fault (though their findings may be taken into account by the insurance companies and potentially courts who do).

In most states, some form of comparative negligence standard applies if you were negligent in any way that contributed to your damages. In California it's pure comparative, so even if you took the 85% you'd be eligible to recover 15% of your damages (but you'd also open yourself to liability for 85% of the other "driver's").

If the police showed up at the accident scene they should file a report. Why was it not filed? Why no witnesses?

IMBoring25 said:   
imbatman said:   
  I acknowledge what may happen.
i'm asking OP to confirm what happened.
If the other driver was given a ticket, the fault claims are pretty much moot because there's official documentation from the police saying who's at fault.
If the other driver was not given a ticket. the fight is much more difficult.


Police may determine a violation of the law was committed and issue a citation. They do not directly establish fault (though their findings may be taken into account by the insurance companies and potentially courts who do).

In most states, some form of comparative negligence standard applies if you were negligent in any way that contributed to your damages. In California it's pure comparative, so even if you took the 85% you'd be eligible to recover 15% of your damages (but you'd also open yourself to liability for 85% of the other "driver's").

  THIS

I went through it in NY.  I had the right of way, other driver had a stop sign(i didnt).  Ended up in the same 85-15 or 90-10 issue.    I think everyone reaching for their dash cam as a silver bullet, it may help or not, its definitely more information which can be good, but comparative negligence seems to be a problem in a lot of accidents.  It all comes down to the fact that they will state you did something in not 100% the best way possible.  In mine, they stated that I hit too far back on the car which indicated I was speeding or not stopping fast enough despite the fact that she ran a stop sign. Would a dash cam solved this?  maybe, but I think the issue generally sucks when you have drivers who break the traffic laws, but don't get 100% of the blame.

Also, for all my insurance company telling me that settling any of these for under 35% at fault won't affect my rates..... much like this comparative negligence, that isn't 100%.  car insurance didn't go up, but somehow I lost a discount on my umbrella and that cost went from $350 up to $600.

Skipping 17 Messages...
ZenNUTS said:   Get a dash cam. GearBest got B40C in stock for under $40 right now.
  FYI CA dash cam law only allows driver to mount it on three specific locations on the windshield.
Upper most middle 5" x 5". Driver side lower corner 5" x 5". Passenger side lower corner 7" x 7"
Video Event Recorder 



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