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Message
Auto insurance after being rear ended - hit & run
Posted on 9/22/20 at 9:28 am
Posted on 9/22/20 at 9:28 am
This morning I was involved in a minor accident. I was stopped at a red light as was the car directly behind me. A truck rear ended the car directly behind me, then that car rear ended me as a result of the truck rear ending her. The truck that caused the accident left the scene immediately in a hit and run. It is up to my insurance to cover my repair damages (with me paying the deductible), or is it the car that rear ended me (even if the accident wasn't caused by her). Thanks for any insight.
7
Posted on 9/22/20 at 9:29 am to AyyyBaw
Your accident was caused by her, because she didn't leave enough space between herself and the car in front of her.
She's the one with the hit and run problem, not you.
She's the one with the hit and run problem, not you.
Posted on 9/22/20 at 9:54 am to AyyyBaw
quote:
It is up to my insurance to cover my repair damages (with me paying the deductible)
Absolutely not.
The car behind you is at fault for YOUR accident. The truck that hit the car behind you is responsible for the entire accident. You make damn sure you file a claim with the insurance for the car behind you and their insurance will subrogate (sue) against the truck if that driver is ever found.
Your insurance will likely contact you to confirm the accident happened since it's a law that it must be reported to your company but the claim must be submitted with the insurance company insuring the vehicle behind you.
Posted on 9/22/20 at 9:56 am to AyyyBaw
If you're in a state with Uninsured Motorist coverage, it would be covered under that. In some states, there may be some liability placed on the car directly behind you, but in most instances the 100% at fault party would be the one that left the scene.
If no uninsured motorist coverage, it'd be covered by you collision coverage.
If no uninsured motorist coverage, it'd be covered by you collision coverage.
Posted on 9/22/20 at 10:02 am to Joshjrn
quote:
Your accident was caused by her, because she didn't leave enough space between herself and the car in front of her.
She's the one with the hit and run problem, not you.
nope. i was middle car in a three car accident. driver hit me knocking me into car in front. car that hit me was at fault.
Posted on 9/22/20 at 10:04 am to AyyyBaw
if in Louisiana, do you have un-insured/under insured insurance?
Posted on 9/22/20 at 10:14 am to tigeraddict
Uninsured motorist coverage is only for bodily injuries unless you don’t have collision coverage and are hit by an uninsured driver. In his case, he didn’t mention anything about being hurt so I’m assuming he’s only concerned about damages. Unless he doesn’t have collision coverage AND has uninsured motorist - property damage, then UM won’t do shite for him.
In Louisiana, we are a competitive negligence state. The car directly behind him will be partially at fault since she didn’t leave enough room between her and his vehicle.
The driver who hit her will be 100% at fault for the accident between him and the car he hit and mostly at fault for the accident between the car he hit and the OP’s vehicle.
End of discussion. This is not a difficult situation to figure out.
In Louisiana, we are a competitive negligence state. The car directly behind him will be partially at fault since she didn’t leave enough room between her and his vehicle.
The driver who hit her will be 100% at fault for the accident between him and the car he hit and mostly at fault for the accident between the car he hit and the OP’s vehicle.
End of discussion. This is not a difficult situation to figure out.
Posted on 9/22/20 at 10:23 am to AyyyBaw
Your are getting bad information in these responses.
If the car behind you was rear ended and pushed into you, then it is not their fault. It is still the fault of the vehicle that rear ended them and fled the scene.
Most likely you’ll be out of a deductible for this
If the car behind you was rear ended and pushed into you, then it is not their fault. It is still the fault of the vehicle that rear ended them and fled the scene.
Most likely you’ll be out of a deductible for this
Posted on 9/22/20 at 10:28 am to TDsngumbo
No injuries, only minor damages. My insurance company said that I can file under my collision insurance and pay the small deductible (only $250) to get it fixed quicker, or I can wait and see what the police report says. Police report likely won't put second car at fault. My insurance did say they will try to get my deductible reimbursed, but I hate giving money to insurance with the hope of reimbursement. I work in the medical field - when an insurance says they will reimbursement you, then you can kiss that money goodbye.
This post was edited on 9/22/20 at 10:31 am
Posted on 9/22/20 at 10:28 am to TDsngumbo
quote:
Uninsured motorist coverage is only for bodily injuries
This depends entirely on the state. Each state sets its own insurance regulations. In many states Uninsured Motorist coverage does cover vehicle damage in a hit & run where the other driver is 100% at fault.
Posted on 9/22/20 at 11:18 am to AyyyBaw
quote:
but I hate giving money to insurance with the hope of reimbursement. I work in the medical field - when an insurance says they will reimbursement you, then you can kiss that money goodbye.
1) you arent giving money to the insurance company. The $250 deductible is paid to the body shop
2) the insurance company is motivated to surrogate the claim against vehicle 1 (that fled). If they are successful, they will reimburse you the $250. More than likely, the guy fled because he/she has no insurance and is trying to avoid lots of trouble. Even if your insurance finds him, it is questionable if they can successfully sue him and receive compensation.
Posted on 9/22/20 at 11:20 am to The Spleen
quote:
quote:
Uninsured motorist coverage is only for bodily injuries
This depends entirely on the state. Each state sets its own insurance regulations. In many states Uninsured Motorist coverage does cover vehicle damage in a hit & run where the other driver is 100% at fault.
There are a lot of half truths.
Every state that I am aware of has uninsured motorist property damage. But those states still require collision to handle the claim. Once collision settles, the uninsured motorist deductible can be applied (instead of the collision deductible)
So when someone says that uninsured doesnt handle this, they are technically correct because the coverage is required to be placed on collision first even though the uninsured motorist property damage coverage is present. In all of these claims, the uninsured motorist deductible will be the deductible applied (even though the ACV payout is under collision)
This post was edited on 9/22/20 at 11:22 am
Posted on 9/22/20 at 11:25 am to AyyyBaw
quote:
No injuries, only minor damages. My insurance company said that I can file under my collision insurance and pay the small deductible (only $250) to get it fixed quicker, or I can wait and see what the police report says. Police report likely won't put second car at fault. My insurance did say they will try to get my deductible reimbursed, but I hate giving money to insurance with the hope of reimbursement. I work in the medical field - when an insurance says they will reimbursement you, then you can kiss that money goodbye.
What insurance company do you have?
Here's the problem with what they told you (which is all true, by the way). If you submit the claim on your insurance, even though it's a not-at-fault claim, some insurance companies out there will still count that claim against you when you begin shopping around later. If at all possible, you want zero collision claims (at-fault and not at-fault) on your record. If at all possible, submit the claim to the insurance company insuring the person behind you. The fact of the matter here is that you share ZERO fault here - the person behind you shares quite a bit of fault since she didn't leave enough space between her and you. Go through her company and let her company deal with it - not you and yours.
Chances are you would get your deductible back eventually if you went through yours but why go through that hassle if you don't have to?
I've worked in insurance for years and have seen this countless times. Insurance companies only do what they're required by law to do and in this case, if you go through your company, you will feel shite on at some point due to having to come up with your deductible and wait for it to be reimbursed. Go through the company behind you, hands down.
Posted on 9/22/20 at 11:28 am to HarveyBanger
quote:
Your are getting bad information in these responses.
If the car behind you was rear ended and pushed into you, then it is not their fault. It is still the fault of the vehicle that rear ended them and fled the scene.
Most likely you’ll be out of a deductible for this
95% false. Louisiana is a comparative negligence state and the car behind you did NOT leave enough room between her and you, which is why she was pushed into you in the first place. Yes, she may only be ruled 20% at fault by her insurance company since she was slammed into by the a-hole who left the scene BUT she is still partially at fault here.
This thread is a textbook example of why most people feel like they got fricked by their insurance company at claim time -- nobody knows how an insurance contract works and when it doesn't work the way they THINK it should, they feel fricked.
Stop taking advice from people in here who don't know what they're talking about. The car behind you and the truck who hit her are both at fault, with the truck who hit her sharing most of the liability.
Posted on 9/22/20 at 11:28 am to TDsngumbo
Harvey is an insurance adjuster IRL Posted on 9/22/20 at 11:32 am to meansonny
quote:
There are a lot of half truths.
Every state that I am aware of has uninsured motorist property damage. But those states still require collision to handle the claim. Once collision settles, the uninsured motorist deductible can be applied (instead of the collision deductible)
So when someone says that uninsured doesnt handle this, they are technically correct because the coverage is required to be placed on collision first even though the uninsured motorist property damage coverage is present. In all of these claims, the uninsured motorist deductible will be the deductible applied (even though the ACV payout is under collision)
I don't know how uninsured motorist coverage works in Georgia so you may be correct, but here in Louisiana, what you said would not apply.
In Louisiana, you can't have BOTH uninsured motorist property damage coverage and collision coverage. If you have collision coverage and are involved in a non-fault accident AND use your own insurance to repair the damage to your vehicle, your collision coverage will cover the damage to your vehicle minus your deductible.
If you have UMPD coverage and are hit by an uninsured driver (or hit-and-run), then your UMPD coverage will cover the damage to your vehicle (usually up to $25,000) and there is no deductible. If you don't have UMPD coverage and are hit by an uninsured motorist but you do have collision coverage, your collision coverage covers the damage to your vehicle minus your deductible.
Posted on 9/22/20 at 11:33 am to boosiebadazz
quote:
Harvey is an insurance adjuster IRL
Well then he's either not in Louisiana or a shitty insurance adjuster. You of all people should know Louisiana is a comparative negligence state.
I'm not saying the car behind him is totally at fault because they're not. What I am saying, however, is that her insurance company will likely rule her 10%-20% at fault (for the collision between her vehicle and the vehicle in front of her) since she didn't leave enough space between her and the vehicle in front of her. The truck who slammed into her and caused the chain reaction is indeed mostly at fault here.
This post was edited on 9/22/20 at 11:38 am
Posted on 9/22/20 at 11:46 am to TDsngumbo
quote:
If you have collision coverage and are involved in a non-fault accident AND use your own insurance to repair the damage to your vehicle, your collision coverage will cover the damage to your vehicle minus your deductible.
In Georgia, the collision provides ACV and the deductible is applied from the UMPD. This is required by law for your scenario above.
quote:
If you have UMPD coverage and are hit by an uninsured driver (or hit-and-run), then your UMPD coverage will cover the damage to your vehicle (usually up to $25,000) and there is no deductible.
This is the same in Georgia. If a vehicles doesnt have collision, the umpd covers ACV up to the limit (usually 25k) with a umpd deductible (usually $250. Could be $0. Could be $1I. But 99% are $250)
Posted on 9/22/20 at 12:17 pm to TDsngumbo
2 questions that come to mind while reading your responses.
1) If it was determined that the driver of the truck was driving at an unsafe speed, couldn't that absolve the driver in the middle from liability. In other words, she left the proper amount of distance, but because of his speed she was pushed far enough forward?
I believe this is what happened to my wife's SUV and she was assumed 0% fault as the middle vehicle. The other vehicle was estimated to be over 40 mph in a 35 in LA
2) If the OP does go through his own insurance, wouldn't that also result in an increased rate at renewal unless his insurance is able to recover 100%?
1) If it was determined that the driver of the truck was driving at an unsafe speed, couldn't that absolve the driver in the middle from liability. In other words, she left the proper amount of distance, but because of his speed she was pushed far enough forward?
I believe this is what happened to my wife's SUV and she was assumed 0% fault as the middle vehicle. The other vehicle was estimated to be over 40 mph in a 35 in LA
2) If the OP does go through his own insurance, wouldn't that also result in an increased rate at renewal unless his insurance is able to recover 100%?
Posted on 9/22/20 at 12:26 pm to Weekend Warrior79
quote:
2) If the OP does go through his own insurance, wouldn't that also result in an increased rate at renewal unless his insurance is able to recover 100%?
I’m no insurance expert, but I’ve filed one collision claim and two comprehensive claims in the past four years and my rates have not increased. I’ve got house and car bundled with the same carrier, dunno if that makes a difference.
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