Someone reversed into me what should i do
05-20-15, 09:28 AM
#16
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Just wanted to chime in, I haven't had a chance to read all the responses, but when you file a claim through the insurance companies, there's a chance that it will not be reported to the insurance companies.
05-20-15, 11:16 AM
#17
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No, you file with your insurance company. ASSUMING YOU HAVE COLLISION COVERAGE. I forgot that important distinction. It's their legal responsibility to make you whole again including loss in value due to the accident report. You have "control" over them to some degree because they work for you, you pay them money every six months. They will go after the other guy's insurance company to get as much money as they can including arguing over the cost to repair it properly.. What they don't collect, they will need to dip into their own pockets to pay you. You have no power over the other guy's company on your own. You may have to "pay" your deductible amount to have them go to bat for you. If you have a $500 ded. you're better off than if you have a $1000 ded. That's the catch.
Depending on the cost of the repair and the lost value of your car and your deductible amount, you may be better off filing with the other guy's company and hope for the best financially and possibly take a hit.
Your situation isn't as clear cut as I first made it sound, my mistake. I hope I helped you some. Bottom line, you can try to argue with the other insurance company, not the appraiser, he doesn't decide what the insurance company will pay you.
Depending on the cost of the repair and the lost value of your car and your deductible amount, you may be better off filing with the other guy's company and hope for the best financially and possibly take a hit.
Your situation isn't as clear cut as I first made it sound, my mistake. I hope I helped you some. Bottom line, you can try to argue with the other insurance company, not the appraiser, he doesn't decide what the insurance company will pay you.
Not only will your premium potentially go up, but you'r technically admitting fault and openning up a can of worms. If the kid backed up into you while you were NOT moving (which makes all the logical sense in the world) you are NOT at fault and should call THEIR insurance. If your insurance gets involved, subrogation is likely to happen.
Your goal here is to make sure that you have ZERO out of pocket and the way to do that is to have the at fault party pay for the damages.
As far as adjusters go - I suggest going to a trusted auto body shop that will accurately determine the cost of parts, etc...It's unlikely they will underestimate unless there is additional damage that was not visible during the inspection.
Please don't hesitate to call my office if there's anything I can help with. It would be a shame if you had to pay out of pocket for something that is completely not at fault! Although I can't give you any legal advice since I'm not an attorney, I can help you with any insurance related questions!
-Michael
Zeyger Insurance Services, LLC
818-350-8059 or email to michael@zeygerinsurance.com
Last edited by zeyger; 05-20-15 at 11:21 AM.
05-20-15, 11:38 AM
#18
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Hopefully you haven't done so yet but I advise the exact opposite. If you place a claim with your insurance company, and utilize your collision coverage, the claim will appear on your MVR and CLUE reports (both reports utilized in underwriting to determine your premium.
Not only will your premium potentially go up, but you'r technically admitting fault and openning up a can of worms. If the kid backed up into you while you were NOT moving (which makes all the logical sense in the world) you are NOT at fault and should call THEIR insurance. If your insurance gets involved, subrogation is likely to happen.
Your goal here is to make sure that you have ZERO out of pocket and the way to do that is to have the at fault party pay for the damages.
As far as adjusters go - I suggest going to a trusted auto body shop that will accurately determine the cost of parts, etc...It's unlikely they will underestimate unless there is additional damage that was not visible during the inspection.
Please don't hesitate to call my office if there's anything I can help with. It would be a shame if you had to pay out of pocket for something that is completely not at fault! Although I can't give you any legal advice since I'm not an attorney, I can help you with any insurance related questions!
-Michael
Zeyger Insurance Services, LLC
818-350-8059 or email to michael@zeygerinsurance.com
Not only will your premium potentially go up, but you'r technically admitting fault and openning up a can of worms. If the kid backed up into you while you were NOT moving (which makes all the logical sense in the world) you are NOT at fault and should call THEIR insurance. If your insurance gets involved, subrogation is likely to happen.
Your goal here is to make sure that you have ZERO out of pocket and the way to do that is to have the at fault party pay for the damages.
As far as adjusters go - I suggest going to a trusted auto body shop that will accurately determine the cost of parts, etc...It's unlikely they will underestimate unless there is additional damage that was not visible during the inspection.
Please don't hesitate to call my office if there's anything I can help with. It would be a shame if you had to pay out of pocket for something that is completely not at fault! Although I can't give you any legal advice since I'm not an attorney, I can help you with any insurance related questions!
-Michael
Zeyger Insurance Services, LLC
818-350-8059 or email to michael@zeygerinsurance.com
05-20-15, 01:55 PM
#19
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Michael, professional advice is always the best. I'm glad you stepped in. I had the best intentions but obviously missed the mark regarding the cost and risk if he involves his insurance. I'm curious though. Does he have any real leverage regarding diminished value against the other insurance company? If no, would he have leverage with his own insurance company?
Lastly, I can't really answer that question because I'm not sure which insurer the other party carries so I'd be taking a stab in the dark. I would also likely refer my client to counsel for their best interest.
BTW, apologies if I came off a little standofish I just HATE how insurance companies take people for a walk and take advantage of them! That's one of the reasons I chose to broker so that I can side with the client rather than the insurance companies.
Cheers,
Michael
05-20-15, 02:25 PM
#20
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Michael, thanks for the response. I was trying to address the OP's requests and desired outcome. You, as a professional, took it to the next level and suggested the best course of action under the circumstances. I'm grateful to learn more every chance I get and to help others whenever possible. Hopefully, between us enough questions were answered and sound advice dispensed. There's a good group of people here. You're one of them. Sounds like you love your job.
05-20-15, 04:07 PM
#21
So I was rear-ended in Feb and this is what I did.
1. I filed my claims all with the other guy's insurance since it was 100% his fault.
2. At least in AZ, it is your choice to get your car fixed wherever you want. As they said earlier, if you take a check I think your claim is pretty much over. Take it where you want it repaired, get an estimate, and have that shop work with the other guy's insurance to get paid and make this clear up front so you don't get stuck in the middle. In my case I did nothing, the shop did everything to make sure they got paid directly from other guys' insurance. Hence my shop was also able to demand OEM parts and do things to the correct standard. This did delay the repairs a little bit as they must "approve" the estimate and I think they negotiate with your shop, whereas if you take it to an "approved" shop they get started right away but who knows what standards they follow.
3. I am now pursuing a diminished value claim, and you do this after it is repaired. You want to get a DV appraisal from a respectable appraiser. I almost fell for one scam company that said my car lost $12k in value without even seeing the car. Of course that's what I wanted to hear but it's unrealistic. I got an appraisal that came in at $6k which seems to me to be reasonable. The insurance company will offer probably offer you $1000 based on what they offered me and the formula they use. I am now taking them to court.
4. My body shop said they don't put anything on the car's record (ie carfax) report. The insurance companies do this.
5. You are correct that it will be harder to sell your car, but I'm not convinced that it can't be CPO. Take lots of pictures and save them. When you go to sell it, you can prove that the damage really was minimal.
Good luck!
1. I filed my claims all with the other guy's insurance since it was 100% his fault.
2. At least in AZ, it is your choice to get your car fixed wherever you want. As they said earlier, if you take a check I think your claim is pretty much over. Take it where you want it repaired, get an estimate, and have that shop work with the other guy's insurance to get paid and make this clear up front so you don't get stuck in the middle. In my case I did nothing, the shop did everything to make sure they got paid directly from other guys' insurance. Hence my shop was also able to demand OEM parts and do things to the correct standard. This did delay the repairs a little bit as they must "approve" the estimate and I think they negotiate with your shop, whereas if you take it to an "approved" shop they get started right away but who knows what standards they follow.
3. I am now pursuing a diminished value claim, and you do this after it is repaired. You want to get a DV appraisal from a respectable appraiser. I almost fell for one scam company that said my car lost $12k in value without even seeing the car. Of course that's what I wanted to hear but it's unrealistic. I got an appraisal that came in at $6k which seems to me to be reasonable. The insurance company will offer probably offer you $1000 based on what they offered me and the formula they use. I am now taking them to court.
4. My body shop said they don't put anything on the car's record (ie carfax) report. The insurance companies do this.
5. You are correct that it will be harder to sell your car, but I'm not convinced that it can't be CPO. Take lots of pictures and save them. When you go to sell it, you can prove that the damage really was minimal.
Good luck!
05-26-15, 08:31 AM
#23
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for anyone thats following this, please see
https://www.clublexus.com/forums/is-...ml#post9052737
car is likely totaled now but not from bumper but from flood, see the pic attached in the new thread
https://www.clublexus.com/forums/is-...ml#post9052737
car is likely totaled now but not from bumper but from flood, see the pic attached in the new thread
05-26-15, 09:54 AM
#25
Lexus Test Driver
for anyone thats following this, please see https://www.clublexus.com/forums/is-...ml#post9052737 car is likely totaled now but not from bumper but from flood, see the pic attached in the new thread
05-27-15, 04:23 PM
#26
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Shout out to Michael with Zeyger Insurance Services, LLC for taking the time of the day to help me go through the whole process, everything from the bump and also my now totaled car. Great chap and I'll probably like to get my aftermarket stuff insured now that I know they even exist lol.
05-27-15, 04:53 PM
#28
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Shout out to Michael with Zeyger Insurance Services, LLC for taking the time of the day to help me go through the whole process, everything from the bump and also my now totaled car. Great chap and I'll probably like to get my aftermarket stuff insured now that I know they even exist lol.
-Michael
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