I was rear ended and the other guy wants a payout!

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knpstr
Posts: 2140
Joined: Thu Nov 20, 2014 8:57 pm
Location: Michigan

Re: I was rear ended and the other guy wants a payout!

Post by knpstr » Fri Jun 15, 2018 2:26 pm

whodidntante wrote:
Thu Jun 14, 2018 12:27 pm
I drive a performance car with much shorter stopping distance than average. Are you required to keep a longer following distance if you follow me? What if I have winter tires in the winter and you are plodding along in your "good enough" all seasons? Or am I required to stop as slowly as your car can in an emergency situation?
Yes on both counts. I believe you are supposed to drive with the assumption that if at any time the person in front of you slams the brakes you can stop without hitting them.

From wikipedia:
Defensive Driving wrote: Driving defensively includes:

General Principles
  • Controlling your speed.
    Looking ahead and expecting the unexpected
    .
    Being alert and distraction free.
Regarding other participants in traffic:
  • Preparedness for all sorts of actions and reactions of other drivers and pedestrians.
    Not expecting the other drivers to do what you would ordinarily do.

    Watching and respecting other drivers.
Regarding your own vehicle:
  • Maintaining a safe following distance.
    Driving safely considering (adjusting for) weather and/or road conditions.

    Adjusting your speed before entering a bend, in order to avoid applying the brakes in the middle of a bend.
Very little is needed to make a happy life; it is all within yourself, in your way of thinking. -Marcus Aurelius

Beehave
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Joined: Mon Jun 19, 2017 12:46 pm

Re: I was rear ended and the other guy wants a payout!

Post by Beehave » Fri Jun 15, 2018 3:00 pm

obgraham wrote:
Thu Jun 14, 2018 10:44 am
As I read OP’s description, and then looking at it from the other driver’s view, I think he has a point. You pulled out and went slow enough that he had to brake to avoid you.

File your claim with your insurance, and let it play out. Consider yourself fortunate you were not cited.
Hit on an angle or square behind? If smack on middle hard for me to see how the other driver was paying attention. In that case my strong guess would be other driver was going too fast and/or was distracted. If this is a street with parked cars, speed limit would probably be 35 mph tops. If you were fully out of a space there should have been plenty of time for the other driver to see that. Moreover, what if you had been parallel parking? You'd have been in that position and rammed anyway (although presumably you were not signalling to park, but I think the point is good regardless).

Good luck.

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oneleaf
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Re: I was rear ended and the other guy wants a payout!

Post by oneleaf » Tue Jun 19, 2018 12:39 am

Rupert wrote:
Thu Jun 14, 2018 10:37 am
How did you hear that he is now disputing fault and claiming injury? Did you hear from him or his insurance company? Has he actually filed a claim on your liability policy? If it's not too late and you maintain collision coverage, I would seek reimbursement for the repairs under your own collision policy and let your insurance company take over all negotiations for you via the subrogation process.

Note that, when you initially call your insurance company to report an accident in which you were not at fault, your insurance company will often recommend that you file directly on the other party's insurance. Why do you think they do that? Because it costs them more money to process your claim under your collision policy and then seek subrogation from the other party's insurance company. I'm not in the business of saving my insurance company money; so I always file on my own policy and make the insurance company fulfill it's contractual obligations to me by pursuing the at-fault party on my behalf. That way I never have to deal with the other party or their insurance company.

Likely outcome? Absent a third-party witness or a police report that at least unofficially assigns fault to one party, your insurance company will pay to fix your car, and his insurance company will pay to fix his and also possibly pay him something for his injuries, if real.
I am really interested to understand more about the implications of always going with your insurance provider.

In the past 5 years, my wife has been in two minor accidents (both of which she was not at fault). In both cases, I called my insurance agent (an Allstate agent) first. Both times (with two different agents), they were adamant that I should deal directly with the other party's insurance. They also both implied that my rates may go up if I use Allstate's claims process. We did as suggested and went with the other party's insurance, but both times were kind of stressful because the other party initially gave a hard time trying to get out of being at fault. It all worked out in the end.

In the future, I would love to just tell my insurance company what happened, and let them deal with it, and never think about it again. Can I really just do that and not worry about my rates going up anymoreso than if I dealt with the other party's insurance?

Jack FFR1846
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Re: I was rear ended and the other guy wants a payout!

Post by Jack FFR1846 » Tue Jun 19, 2018 6:15 am

oneleaf wrote:
Tue Jun 19, 2018 12:39 am

I am really interested to understand more about the implications of always going with your insurance provider.

In the past 5 years, my wife has been in two minor accidents (both of which she was not at fault). In both cases, I called my insurance agent (an Allstate agent) first. Both times (with two different agents), they were adamant that I should deal directly with the other party's insurance. They also both implied that my rates may go up if I use Allstate's claims process. We did as suggested and went with the other party's insurance, but both times were kind of stressful because the other party initially gave a hard time trying to get out of being at fault. It all worked out in the end.

In the future, I would love to just tell my insurance company what happened, and let them deal with it, and never think about it again. Can I really just do that and not worry about my rates going up anymoreso than if I dealt with the other party's insurance?
Consider dumping your captive agent and company. What's an Allstate agent going to suggest for a better company? More Allstate?

Don't know about your state, but in mine, Massachusetts, 80% of policies are written by independent agents. When an insurance company starts acting like they just graduated from Clown College, an independent can see this and warn his customers and find better companies to go with. I've had that happen myself when the insurance company writing my insurance was acquired.

When our car was hit last summer, I dealt with only my agent and then my company who sent an appraiser to look at the car. The other company? Not my problem.
Bogle: Smart Beta is stupid

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munemaker
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Re: I was rear ended and the other guy wants a payout!

Post by munemaker » Tue Jun 19, 2018 8:39 am

whodidntante wrote:
Thu Jun 14, 2018 12:27 pm
I drive a performance car with much shorter stopping distance than average. Are you required to keep a longer following distance if you follow me? What if I have winter tires in the winter and you are plodding along in your "good enough" all seasons? Or am I required to stop as slowly as your car can in an emergency situation?
I remember clearly when studying for my driver's license (almost a half century ago) that you should generally maintain 1 car length distance for every 10 mph, and there was no distinction for what kind of car you are driving or how it is equipped. This is pretty much impossible in most urban areas, because if you leave a space that large, other cars will fill it immediately. In rural areas though, it works pretty well.

NotWhoYouThink
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Re: I was rear ended and the other guy wants a payout!

Post by NotWhoYouThink » Tue Jun 19, 2018 8:50 am

If there are no medical bills, it is easy enough to deal only with your insurance company. If you need medical treatment for injuries sustained in an accident where the other party is at fault, you either need to hire an attorney or be prepared to keep a lot of detailed records. Your health insurance company may pay the providers initially, but if they know the treatment is due to an accident they will, eventually, start the subrogation process. Your auto insurance company may stay involved long enough to determine whether the other party has insurance and has accepted liability. If so, they will recover whatever they have paid out to you for damage to your car, and them back out. If the other party does not have insurance, or does not have adequate insurance, they may stay involved in case the uninsured/underinsured motorist part of your policy needs to kick in. And you need to know where everyone stands with all of that before you accept a settlement from the at-fault party.

So for the OP, if you have no injuries then lucky you! You can get your car repaired and move on with your life.

Rupert
Posts: 3552
Joined: Fri Aug 17, 2012 12:01 pm

Re: I was rear ended and the other guy wants a payout!

Post by Rupert » Tue Jun 19, 2018 8:59 am

oneleaf wrote:
Tue Jun 19, 2018 12:39 am
Rupert wrote:
Thu Jun 14, 2018 10:37 am
How did you hear that he is now disputing fault and claiming injury? Did you hear from him or his insurance company? Has he actually filed a claim on your liability policy? If it's not too late and you maintain collision coverage, I would seek reimbursement for the repairs under your own collision policy and let your insurance company take over all negotiations for you via the subrogation process.

Note that, when you initially call your insurance company to report an accident in which you were not at fault, your insurance company will often recommend that you file directly on the other party's insurance. Why do you think they do that? Because it costs them more money to process your claim under your collision policy and then seek subrogation from the other party's insurance company. I'm not in the business of saving my insurance company money; so I always file on my own policy and make the insurance company fulfill it's contractual obligations to me by pursuing the at-fault party on my behalf. That way I never have to deal with the other party or their insurance company.

Likely outcome? Absent a third-party witness or a police report that at least unofficially assigns fault to one party, your insurance company will pay to fix your car, and his insurance company will pay to fix his and also possibly pay him something for his injuries, if real.
I am really interested to understand more about the implications of always going with your insurance provider.

In the past 5 years, my wife has been in two minor accidents (both of which she was not at fault). In both cases, I called my insurance agent (an Allstate agent) first. Both times (with two different agents), they were adamant that I should deal directly with the other party's insurance. They also both implied that my rates may go up if I use Allstate's claims process. We did as suggested and went with the other party's insurance, but both times were kind of stressful because the other party initially gave a hard time trying to get out of being at fault. It all worked out in the end.

In the future, I would love to just tell my insurance company what happened, and let them deal with it, and never think about it again. Can I really just do that and not worry about my rates going up anymoreso than if I dealt with the other party's insurance?
I have twice filed on my own collision policy in a not-at-fault accident (once with State Farm and once with USAA) and let my insurance company collect from the other party through subrogation. In neither case did my rates go up. If Allstate really does increase your rates for exercising your rights under the subrogation clause in your contract, I'd switch insurers, but I doubt that's really Allstate's policy. I bet they just put pressure on agents to try to talk you out of using subrogation. As I said, it costs your insurance company money to process your claim through collision and then subrogation. It costs them nothing if you file directly with the other insurance company.

cdu7
Posts: 116
Joined: Thu Feb 02, 2017 2:34 pm

Re: I was rear ended and the other guy wants a payout!

Post by cdu7 » Fri Jul 20, 2018 1:53 pm

Final Update: for those who followed the thread everything is finally resolved: insurance companies found the fault to be 50%/50%, so each company will pay half of the damages. I feel like this was the best possible outcome, although ultimately insurance would have handled it reguardless.

Golfview
Posts: 42
Joined: Sun Jan 17, 2016 5:28 pm
Location: South Jersey

Re: I was rear ended and the other guy wants a payout!

Post by Golfview » Fri Jul 20, 2018 2:01 pm

My wife was involved to something similar,we are in New Jersey, the other guy admitted he was at fault and paid for our damage, 5yrs later I got a quote from progress insurance who said I would have to pay an addition 75 dollars to cover the surcharge they impose regardless who was at fault

Golfview
Posts: 42
Joined: Sun Jan 17, 2016 5:28 pm
Location: South Jersey

Re: I was rear ended and the other guy wants a payout!

Post by Golfview » Fri Jul 20, 2018 2:02 pm

Golfview wrote:
Fri Jul 20, 2018 2:01 pm
My wife was involved to something similar,we are in New Jersey, the other guy admitted he was at fault and paid for our damage, 5yrs later I got a competive quote from progress insurance who said I would have to pay an addition 75 dollars to cover the surcharge they impose regardless who was at fault

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