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2
Posted on 2/25/16 at 3:38 pm to Schmelly
That's a different scenario.
Posted on 2/25/16 at 3:40 pm to Schmelly
If the two claims adjustors determine negligence of 50% on each driver and you repair your vehicle under your collision coverage your adjustor will then subrogate to the other driver's policy for 50% of what he paid out for repairs and also 50% of your deductible if you authorize them to subrogate on your behalf for your deductible. You do realize that even if you don't file under your collision coverage the claims adjustor will pay 50% of cost to repair the other vehicle even if you don't agree. I'm just using 50/50 as an example, they could conclude 70/30 or 60/40 but you can't keep your insurance company from paying out if they feel your vehicle was any part negligent in the accident.
Posted on 2/25/16 at 3:42 pm to The Mick
quote:ok, you're in the turning lane on siegen. right blinker on...
That's a different scenario.
Posted on 2/25/16 at 3:43 pm to Schmelly
Why don't you just answer my question?
Posted on 2/25/16 at 3:44 pm to TorNation
quote:i gotcha. but assuming both have the same deductible, won't it just balance out? i'm not so much concerned with the ded as i am my rates going up and something going on our record. record JUST got clean
If the two claims adjustors determine negligence of 50% on each driver and you repair your vehicle under your collision coverage your adjustor will then subrogate to the other driver's policy for 50% of what he paid out for repairs and also 50% of your deductible if you authorize them to subrogate on your behalf for your deductible. You do realize that even if you don't file under your collision coverage the claims adjustor will pay 50% of cost to repair the other vehicle even if you don't agree. I'm just using 50/50 as an example, they could conclude 70/30 or 60/40 but you can't keep your insurance company from paying out if they feel your vehicle was any part negligent in the accident.
Posted on 2/25/16 at 3:45 pm to The Mick
quote:cause somebody already asked that and i did. She said she did, but you can't see it in the video
Why don't you just answer my question?
Posted on 2/25/16 at 3:45 pm to Schmelly
LINK
If video clearly shows her moving into the inside lane as if to turn left but does not show her using a right turn signal and ALSO does not show you attempting to pass on the right then tell State Farm you want her made 100% liable. If they won't do it, get a lawyer and start making a really big issue out of your chronic back and neck pain, lost wages, loss of consortium, emotional distress, etc.
quote:
(1) Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
If video clearly shows her moving into the inside lane as if to turn left but does not show her using a right turn signal and ALSO does not show you attempting to pass on the right then tell State Farm you want her made 100% liable. If they won't do it, get a lawyer and start making a really big issue out of your chronic back and neck pain, lost wages, loss of consortium, emotional distress, etc.
Posted on 2/25/16 at 3:47 pm to Huey Lewis
it's clear as day. unless they can super zoom and see it, then no blinker. #2 veered right to try to avoid #1. contact made about on the edge of lane and shoulder. done talking to SF
This post was edited on 2/25/16 at 3:48 pm
Posted on 2/25/16 at 3:49 pm to Schmelly
Ok didn't read entire thread. If she can't prove a right hand signal then not good for her (even with right signal she'll have some fault). Does the video show you speeding up to pass her or can't tell?
Posted on 2/25/16 at 3:52 pm to Schmelly
quote:
i gotcha. but assuming both have the same deductible, won't it just balance out? i'm not so much concerned with the ded as i am my rates going up and something going on our record. record JUST got clean
You would get 1/2 your deductible back and you can ask your claims adjustor or your agent if you are not more than 50% negligent if your policy will see a surcharge, we used to have to code the payments to a certain number so the policy wouldn't get a surcharge from our payment under your liability policy. As far as your record goes it isn't clean anymore simply because you were in an accident no matter who is at fault. Underwriting ultimately decides if your premium increases simply due to being involved in an accident but your agent can probably help you out with that question as well. If you are in enough accidents but you were never at fault your insurance company may still choose to not renew your policy because of the risk associated with the driver of the vehicle. Obviously this escalates when you are at fault.
Posted on 2/25/16 at 4:07 pm to The Mick
quote:no, video shows car getting over, wife proceeding along, car turning right, wife tries to brake, does but not in time
Ok didn't read entire thread. If she can't prove a right hand signal then not good for her (even with right signal she'll have some fault). Does the video show you speeding up to pass her or can't tell?
This post was edited on 2/25/16 at 4:29 pm
Posted on 2/25/16 at 4:09 pm to TorNation
quote:understood, good to know. thanks
You would get 1/2 your deductible back and you can ask your claims adjustor or your agent if you are not more than 50% negligent if your policy will see a surcharge, we used to have to code the payments to a certain number so the policy wouldn't get a surcharge from our payment under your liability policy. As far as your record goes it isn't clean anymore simply because you were in an accident no matter who is at fault. Underwriting ultimately decides if your premium increases simply due to being involved in an accident but your agent can probably help you out with that question as well. If you are in enough accidents but you were never at fault your insurance company may still choose to not renew your policy because of the risk associated with the driver of the vehicle. Obviously this escalates when you are at fault.
Posted on 2/25/16 at 4:10 pm to The Mick
quote:
If she can't prove a right hand signal then not good for her (even with right signal she'll have some fault).
IMO her signaling is irrelevant. Even if she had it on, that doesn't mean other cars have to yield to her.
Posted on 2/25/16 at 4:15 pm to MikeBRLA
quote:exactly
IMO her signaling is irrelevant. Even if she had it on, that doesn't mean other cars have to yield to her.
Posted on 2/25/16 at 4:38 pm to Schmelly
You kinda screwed since other driver is SF insured as they will put as much weight on his statement as your statement.
I would insist they view the video to assist in liability... Make sure they note the file that a video is available... If they determine liability against you without viewing video then bring legal hell against them and make a call to dept of ins. for Bad faith claims handling.
I would insist they view the video to assist in liability... Make sure they note the file that a video is available... If they determine liability against you without viewing video then bring legal hell against them and make a call to dept of ins. for Bad faith claims handling.
Posted on 2/25/16 at 4:51 pm to Shepherd
Yikes, I had this damn case years ago. Buckle up u may be going to trail. We had fatalities. It settled on eve of trial
Posted on 2/25/16 at 4:52 pm to Zephyrius
Got the video myself. Been telling them for 2 weeks that we had it. Brushed it off, waiting for PR. PR comes back, they say 50/50, we bring up video again. We email it. They can't open an mp4 for some reason. Some higher up is supposed to going to my agents office to view it tomorrow. We'll see
Posted on 2/25/16 at 5:14 pm to Schmelly
Get a lawyer, see a doctor, file suit
Profit.
Usually the violations establish fault. He got 2 you got none.
Profit.
Usually the violations establish fault. He got 2 you got none.
Posted on 2/25/16 at 5:19 pm to Schmelly
This sounds very avoidable by 2, but this board is generally pretty lax about that. (Shocker, I know).
Can't really tell by your description, but it seems as if 2 could've braked better and/or used the steering wheel better.
Still, 1 is an idiot that can't turn.
75%-1, 25%-2.
My bet is 2 was talking on the phone, but I doubt I'll get an honest answer.
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