apham27

Hey everybody, I don't post much, more of a lurker but I just got rear-ended and was hoping to get some advice from the community.

My friend and I were traveling down the road and the cars ahead slowed down so I did as well. The car behind me was trying to switch lanes but a car behind her had sped past the lane she was trying to get into so in the end she couldn't get out of the original lane and ended up hitting me. Now my rear end is dented and there are some paint scrapes and the bumper pieces are not attached together anymore (like separated puzzle pieces).

I already called my insurance Allstate to file a claim and I'm meeting with an adjuster on Thursday to estimate damages. My dad suggested that before I go meet with the adjuster to stop by Lexus and get an estimate for repair and bring that estimate to the Allstate adjuster and try to get as close a number to that as possible.

I tried to call the other party's insurance company and it turns out it is just an insurance agency (like a mom'n'pop) that I assume sells all different insurance company policies. So as of this moment, I do not know who her insurance carrier is.

I did a quick search here and saw a post where the recommended course of action for a rear-end accident that is not my fault is to go completely through the other side's insurance to avoid my premiums going up. I already filed a claim with Allstate but I think I could withdraw it if I go through the other side's insurance if that is the advice of this community. Also, my car is a 2006 bought in July and has only 3500 miles on it. I should also fight for a depreciation value as well right?

So just to summarize this long post, I just need all advice on what to do. I don't know anything really about this whole process so don't assume I already know something, everything please no matter how trivial . As of now, this is what I'll be doing:

1. Filing a claim with Allstate (my company), although may cancel to file claim with other party's insurance
2. Get estimate from Lexus and bring this number to Allstate adjuster
3. Get depreciation costs for this accident
4. Anything else?

Thanks in advance to everyone for their help.

RXISF

Let your insurance company pay to get your car fixed. They should automatically contact the other parties insurance for reimbursement. They will probably go into arbitration and you won't get your deductible back for 6 months.
Might want to wait until that is complete and they declare the other person 100% at fault before you ask the other parties ins for compensation. Try to avoid speaking to other insurance company - they have a tendency to twist your words and make the accident your fault.

dkcivic82

Yes, do what he says. This is the reason why you pay for insurances, so that they can take care of you in case you get hit. Don't and I repeat Don't speak to the other party insurance about who's fault it is and what to do. They will probably call you to ask you for your side of the story and what happen. Give it to them and thats it, anything else tell them to talk to your insurance company. Take the care to a good body shop that Lexus's recommend and take your car their to get it fixed. They should also pay for your rental car.

VikH

iTrader: (5)

Last time I was in an accident and it was not my fault I dealt with only the other persons ins company. I had a police report and gave a statement to the ins company. They corroborated the statement with the other person and asked me to get an estimate. Everything went fine and they sent me a check. Saved me from my ins company hiking up my rates.

15951

Did you get a police report? ALWAYS get a police report. Stories change after people leave the scene.

Evitzee

As others have posted let your insurance company lead the way. They will contact the other persons insurance company and do the necessary coordination between the two insurance companies. Do not try to contact the other person's insurance company; they have no business relationship with you as they represent the person who hit you. I see no compelling reason to get a Lexus estimate at this point, it can only muddle up the process. The estimate part will come later. Don't know if you got a police report or not, many times the police don't want to respond to accidents where both cars are drivable and no one is hurt, it depends on the jurisdiction. Bottom line, always tell the truth to your insurance company, the other other insurance company if they contact you, or the police. Do NOT try to embellish or twist the facts, it will work against you. Good luck.

Batmobile

iTrader: (2)

i would not talk to the other persons insurance company ESPECIALLY when you say it's more or less just a mom and pop store kinda insurance company. Yes going through the other person's insurance company could help you avoid higher rates due to the accident but i would RARELY do that and IF i do it sure heck wouldn't be this mom and pop one your talking about....maybe statefarm or another major corp.

let's face the facts... your rates are going to go up because you were in the vehicle at the time of the accident or at least that's how it is for most ins companies.... doesn't all state have that accident forgiveness thing? you WERE parked at a red light...

try to fight the depreciation value thing... hopefully you'll get a nice chunk of change to put in your pocket for that....

i would not talk to the other ins company if they asked for a statement... and if i did... i would not elaborate too much on what happened... just short and simple unless it is about the damages on your car..... "I was parked at the red light... she rammed into my BEAUTIFUL 2006 IS350. perfect... garage kept and might i add in mint condition... and now i have a split bumper etc etc etc"

just to throw out there usually when i get into an accident...i call the police, my lawyer, my insurance company and lexus. in that order. going to lexus is smart for the estimate... because you know they're going to jack the price up LIKE CRAZY! good luck

Sarorn

I'm sorry to hear about your unfortunate event. As a Marketing Director for a body shop in Windsor, Canada, I go through this situation with my clients all the time. You can check out our website at www.f1collision.com. We specialize in luxury vehicle body repairs.

It's important that you understand your rights as the vehicle owner and an insured in the State of Maryland. I did a quick search for you and found the following information from your local Auto Body Association: http://www.wmaba.com/questions.html

You may want to give them a call and ask for Marylands Motorist Bill of Rights. It should explain how the insurance system works in your state, as I'm not too familiar with U.S law.

Generally, as a motorist thats not at fault in a motor vehicle accident, you are entitled to the following:

- Pay no Deductible
- Your insurance rates should not go up should you file a claim, only the at fault party will incure higher rates the following year.
- You are entitled to a rental vehicle that is EQUIVALENT to what you are driving. Do not get stuck in a junky "loaner" car offered by the collision shop. Your insurance company covers this rental fee.
- Since your vehicle is brand new, you have the right to deny the use of Used parts.
- You DO NOT have to go to a collision shop suggested by Allstate. You can go to any shop that you feel most comfortable in repairing your vehicle. It's very improtant that you understand how insurance companies will try to get you to go to their shops because they get discounts on labor rates, parts, etc, by that shop. It saves insurance companies money, but in the end, you have to realize that the repair facility has to cut corners on your vehicle in order to repair it as cheap as possible to make up for the discounts that they give to the insurance company.

You should start looking for a reputable bodyshop in your area that specializes in repairing luxury cars. Our lexus' are not built like a neon or a buick...a bumper and tail light will only fit a certain way, unlike a neon where it will fit 10 different ways. Ask the body shop for a tour of their facility, inspect for cleanliness, organization, and customer service.

At this point, when you meet with the adjuster/appraiser, they can only estimate on the damages that are visible to them. It is standard procedure to properly do a teardown of the vehicle in order to examine the extent of damages. You wouldn't go to the doctor and expect him to diagnose your symptoms without him saying AWWW and opening your mouth for inspection, would you?

Coming from experience, I know for sure that there's damage underneath that bumper. It's important that the insurance appraiser writes on his estimate "OPEN TO FURTHER INSPECTION." This is extremly important, just to be safe and cover yourself in case there is more damge, which I suspect there will be...and make sure it will be covered.

I'm sorry for the long reply. I hope this helps. If you have any further questions, please feel free to contact me.

-Ron

b737dog

[QUOTE=apham27;2461438]Hey everybody, I don't post much, more of a lurker but I just got rear-ended and was hoping to get some advice from the community.

I hope he bought you dinner first and do not call him, make him call you Sorry, could not resist!

Bichon

No reason to keep perpetuating this misinformation.

Regardless of whether you go through your insurance company or the other one, the claim will show up in the NICB database used by all insurance companies and will be visible to the underwriter pricing your renewal policy. The decision as to whether it will affect your rates is made based on the specifics of the accident, not on which company processed the claim.

If you process this sort of accident through your own insurance, your company will go through a process known as "subrogation", where they collect the damages from the other party's insurance. When subrogation is complete, your insurance company will send you a check for your deductible.

bobbo1978

I was in similar situation 3-4 months ago and I have All State as well.

Here are some questions:

1. What's the other party's insurance?

2. Are you injured? Any pain? muscle pain?

Here's from my experience. If you have suffered any pain or injuries contact a lawyer right away. I did not and lawyers won't help me with other party's uncooperative insurance because the payout for them is small. My is a pretty clear cut case as well. I was rearended on the freeway and as the lead vehicle I hit no one. I am only trying to recovered some X-ray cost from the ER but the other insurance won't return or my adjustor's calls. Go through All State and if it's not your fault they shouldn't increase your rate unless being rearended is a common incident for you. You have to be pushy. These insurance companies take their sweet time.

If you want to go through other party's insurance your repair might be delayed because they have to go through investigation first. The person who hit you might be unresponsive and avoiding calls unles they are cornered. It doesn't matter how clear cut the case is; the insurance will always do their own investigation first before any payout.

I hope your case goes smoother than mine. It has been 3 months for me and it's still not settled. I am not advocating lawyers because they are sharks but some people on the road are simply scums. Only contact them if you are truely hurt.

1sikIS250

how to do u go about getting depreciation value? and how difficult is the process?

Sarorn

Insurance rates only go up when you're at fault, and only if you've made many claims in the past or just recently. Rates go up based on frequency of at fault claims, not on how much it costs to settle a claim. Bichon is right, it will show up on the system, but it does not effect your rates because you are not at fault. Your insurance company should be representing you and go after the other parties insurance, not you. Contact your insurance company and go thru their claims process...don't make it more of a headache than it should be. Also keep in mind the information I've posted above.

Evitzee

There have been threads about this in the past. A careful search should yield some answers. I've never done it so I can't speak to it directly, but I don't think it is something that is easily accomplished. The insurance companies just want to fix the cars and move on, they don't want to shell out a hard to calculate decrease in the value of the car due to an accident. I don't think on a typical fender bender it is worth too much, but on a big collision it could be worth some money. Maybe others who have gone down this road can comment.

Bichon

What you are describing is a "diminished value" claim.

The insurance industry argues that a properly repaired car is worth as much as it was before it was hit, but anyone who has actually tried to sell one knows that's a bunch of hogwash. Your likelihood of recovering this loss depends, at least somewhat, on where you live.

There are only a handful of states, Georgia being the most notable, where judges have ruled in favor of diminished value claimants. The courts in most others have generally ruled against them.

You can try pursuing this with your own company, but you'll most likely need to get a lawyer involved to have any real chance of success.

State Farm has some interesting background reading on this: http://www.statefarm.com/about/media...r/dimvalue.asp