Re: insurance question on if someone else is at fault.
[Re: Andrewh]
#3024509
03/16/22 10:58 AM
03/16/22 10:58 AM
|
Joined: Dec 2007
Posts: 19,968 Puttin' on the foil in Charles...
not_a_charger
Mr. Big Shot Moparts Moderator
|
Mr. Big Shot Moparts Moderator
Joined: Dec 2007
Posts: 19,968
Puttin' on the foil in Charles...
|
I called my insurance to get paperwork started, but do I take a rate hike because I made a claim even though the other guy is at fault? like when I decide to change insurance companies will this count against me? Answer: Maybe. Underwriting guidelines vary from state to state, and from company to company. Loss frequency plays a role in setting rates, as does liability for those losses. Generally speaking, anything covered under collision has the potential to raise your rates. However, as dumb as all of you may think that we are, we're actually not. Insurance companies want to keep their good existing customers. Those are the best possible customers, and raising rates for a not at fault accident is not a great way to retain those customers. my insurance obviously made a claim against his insurance already. and his insurance has called and said he admitted fault, but they are trying to figure out if he is fully at fault, since I felt 2 hits. is it better to close this claim against mine and wait for his to pay out? or does it even matter?
If you felt two impacts, the guy who hit you first is at fault for the majority of your damages, and the guy who hit him and pushed him back into you is potentially responsible for some of your damages. It would depend in part on which impact was harder, 1st or 2nd. Depending upon the laws of your state, it may not matter for you which of those 2 drivers was what % at fault for your damages. If you are negligent free, and your state laws provide for Joint and Several liability, you can choose to collect 100% of your damages from any party who is 1% or more at fault for your damage. If your state laws provide for Several Only liability, you can only collect from each at fault driver the % of the damages for which they are at fault. If you are the front car in a chain reaction accident, and you feel multiple impacts, the easiest thing to do is use your own insurance to handle your damages, and then let your insurance company sort it out with the other insurance companies. Waiting it out is OK, but could take much longer. Also, better to have an expert deal with this than deal with it yourself.
Earning every penny of that moderator paycheck.
DBAP
|
|
|
Re: insurance question on if someone else is at fault.
[Re: Andrewh]
#3024558
03/16/22 01:22 PM
03/16/22 01:22 PM
|
Joined: Dec 2007
Posts: 19,968 Puttin' on the foil in Charles...
not_a_charger
Mr. Big Shot Moparts Moderator
|
Mr. Big Shot Moparts Moderator
Joined: Dec 2007
Posts: 19,968
Puttin' on the foil in Charles...
|
CO law will apply. Unfortunately, CO is a Several Only state, which makes things more complicated. All the more reason to let your insurance company handle it. Ask your insurance company if they will agree to waive your deductible, since they know they'll be getting 100% of the money back, assuming everyone that hit you has sufficient limits of liability. The state minimum allowed for property damage liability limits on a policy is $15k. The primary issue for them to deal with is which party pays which % of your damage. Your last description of the accident should make that easier, since it wasn't just one car rear-ending you, and then another car hitting that car and pushing it back into you. 2 distinct impacts in 2 different locations on your vehicle is pretty straightforward.
Your vehicle sounds like a total loss. If the first impact alone was sufficient to total it, they will owe you for your damages, and the second vehicle will only be responsible for whatever the decrease in salvage value was as a result of them hitting your already totaled vehicle. If the first impact by itself did not total it, each person is responsible for the same portion of the total loss as they caused to the vehicle. For example, If the car is worth $30k, car #1 caused $20k damage, car #2 caused $10k damage, car 1 owes 2/3 of the total loss, car 2 owes 1/3 of the total loss.
It gets more complicated if one or both parties don't have sufficient limits to pay for their portion of the damages.
Earning every penny of that moderator paycheck.
DBAP
|
|
|
Re: insurance question on if someone else is at fault.
[Re: not_a_charger]
#3024593
03/16/22 03:02 PM
03/16/22 03:02 PM
|
Joined: Feb 2003
Posts: 8,687
Andrewh
OP
master
|
OP
master
Joined: Feb 2003
Posts: 8,687
|
yeah, they totaled it this morning/last night. it shows in the payout the deductible, but it is only 500. I understand they will give it back once they get money back from the other company. I will let the companies sort this out. still went back to mine and try to get a bit more money since it seems to be more to replace with the same thing then they are giving, but haven't heard back yet. sent them a couple other comps.
|
|
|
Re: insurance question on if someone else is at fault.
[Re: crackedback]
#3024754
03/17/22 05:56 AM
03/17/22 05:56 AM
|
Joined: Dec 2007
Posts: 19,968 Puttin' on the foil in Charles...
not_a_charger
Mr. Big Shot Moparts Moderator
|
Mr. Big Shot Moparts Moderator
Joined: Dec 2007
Posts: 19,968
Puttin' on the foil in Charles...
|
My department reviews thousands of total loss valuations each week, from every insurer you can think of. Lots of those valuations have adjustments made after the fact because values are increasing so fast that the companies who provide the valuation service (CCC, Mitchell, Audatex) can't keep up from one week to another regarding accurate values.
Earning every penny of that moderator paycheck.
DBAP
|
|
|
Re: insurance question on if someone else is at fault.
[Re: Andrewh]
#3024768
03/17/22 07:49 AM
03/17/22 07:49 AM
|
Joined: Dec 2007
Posts: 19,968 Puttin' on the foil in Charles...
not_a_charger
Mr. Big Shot Moparts Moderator
|
Mr. Big Shot Moparts Moderator
Joined: Dec 2007
Posts: 19,968
Puttin' on the foil in Charles...
|
Correct, you will need to handle the out of pocket portion of your rental directly with the at fault company (or companies). That may be a little messy, given the Several Only issue. If you need help with that, post it in the thread and I'll try to give you insight into how to handle, depending upon their response.
Earning every penny of that moderator paycheck.
DBAP
|
|
|
Re: insurance question on if someone else is at fault.
[Re: not_a_charger]
#3024780
03/17/22 08:34 AM
03/17/22 08:34 AM
|
Joined: Feb 2003
Posts: 8,687
Andrewh
OP
master
|
OP
master
Joined: Feb 2003
Posts: 8,687
|
|
|
|
|
|