NWR: Dealing with insurance companies

ninaelizabeth3

I was in an accident on 8/8.  The other driver pulled out in front of me, so I ended up T-boning her little Nissan.  The accident ended up totaling her car and my FI's truck.  The police report said she is at fault and I slammed on my brakes as soon as I saw her but it was no use.  I was only going about 25 as I had just pulled off a side street onto the main road.  The main road is 4 lanes wide, 2 one way and 2 the other.  she made it across one single lane and then hit me in the second lane, while trying to make it to the 3rd lane (sorry, it's hard to explain).

Her insurance company is saying that I am 10% liable because I am clearly lying about my speed, based on the amount of damage that was sustained.  (OK, we drive a 99 chevy s-10, it doesn't take that much damage to total it).  They also said I should have seen her coming since she made it across 2 lanes safely.  Umm no, she made it across one, because there was no one in that lane and hit me in the second lane.  After my FI got off the phone with them he told me what they said, and I told him I am refusing to claim any liability.  Why should I when she pulled out in front of me. 

Has anyone had any experience in a similar situation?  I don't know what to do as neither of us has ever been in an accident before.

Kdancy0805

Hi! I work for an insurance comoany in N.C. I know that laws are not the same in each State but here in NC you can request a mediator/third party come in and look at the claim. Good Luck! I know this is very annoying.

linderman

I was in a very similar accident recently.  I don't think there is any way you are liable at all.  In my case, they didn't try to claim I was responsible.  Does the police report have your rate of speed? I think I was going about 25 also and had no time to stop.

balletdawn

I've never heard of such a thing! I would probably do the same thing in your shoes. My daughter was in an accident in May. We had to fight for 3 months and only got her car fixed 2 weeks ago. We got completely hosed in the process even though it wasn't her fault. So frustrating. Good luck.

staar987

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_chit-chat_nwr-dealing-with-insurance-companies?plckFindPostKey=Cat:Wedding BoardsForum:14Discussion:91073bf2-060c-4d3e-8b10-8dd6741903b9Post:6dfc951b-7bc8-414d-a61d-92b84b38fc1e">Re: NWR: Dealing with insurance companies</a>:
[QUOTE]Hi! I work for an insurance comoany in N.C. I know that laws are not the same in each State but here in NC you can <strong>request a mediator/third party</strong> come in and look at the claim. Good Luck! I know this is very annoying.
Posted by Kdancy0805[/QUOTE]

This. My coworker had this exact type of accident happen to her. In addition to totaling her car, it broke her sternum. She still had to go through a mediator to get everything covered. Tell your insurance company that you would like mediation. Make sure that you have all the police reports, any witness statements, and your written account of what happened. The mediator involved with a car accident I was in needed me to spend some time on the phone with him going over everything and mail him a signed statement. Every state is different, but see if you can get a mediator. Good luck!

TaraMc728

I agree w PP's about getting a mediator if your state works that way.  I was in an accident about 5 years ago when this lady, coming from the other way,  turned in front of me claiming she was late picking her kids up from school. I was going the speed limit.  The police report did show her at 100% at fault, but I still had to pay my deductible, and took 8 months to get it back as both insurance companies were pointing fingers. It was a huge PITA.  I am with you, do not claim any liability, insurance companies are pitas that way.  GL.

wrigleyville

It sounds like her insurance company is only looking at your estimate, not the photos of damage. If they could see the photos and compare them to hers, they'd see the angle at which you hit her and would probably realize you didn't hit her that hard (i.e. you were almost stopped). I mean, if it's just a bit of bumper damage to your vehicle and a dent in hers, it's pretty obvious you weren't going 50 mph.

Did you file a claim with your insurance or just hers? I have a feeling your insurance company would have assigned 100% to her and 0% to you. It sounds like her insurance company is just being a bunch of brats.

You need to get arbitration involved. The insurance company/companies will probably require recorded statements from all parties involved (they can sometimes do this over the phone; it's built into their computer and they can plug their headset in). If the police report was investigated at the scene, which it sounds like it was, you have that going for you. Witnesses are also a bonus. (A passenger in your vehicle doesn't count. It has to be a party with zero relation to you.)

Good luck.