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Brand new IS350 rear ended, other party claim i REVERSE!

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Old 02-16-14, 03:52 AM
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vbx
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Originally Posted by finalhope
I'm actually searching for Dash Cam on Amazon.
That's what I did. I got a dash cam a few weeks after this incident. Blackvue DR500GW. Great cam. Has a wifi feature that lets you save clips directly to your smartphone phone.




There's a new version that has both front and rear. Blackvue DR550GW.

(prepare to spend $$$).
Old 02-16-14, 04:17 AM
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finalhope
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Originally Posted by vbx
That's what I did. I got a dash cam a few weeks after this incident. Blackvue DR500GW. Great cam. Has a wifi feature that lets you save clips directly to your smartphone phone.




There's a new version that has both front and rear. Blackvue DR550GW.

(prepare to spend $$$).
Well, seeing how the insurance handle my case now, I don't even know if a Cam would help. They seem to avoid saying who's fault it is and rather just make me pay my deductible so they wont need to pay for all the damages. Look at my previous post I just received a letter from lame Triple AAA
Old 02-16-14, 04:28 AM
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Originally Posted by finalhope
Well, seeing how the insurance handle my case now, I don't even know if a Cam would help. They seem to avoid saying who's fault it is and rather just make me pay my deductible so they wont need to pay for all the damages. Look at my previous post I just received a letter from lame Triple AAA
Yes you are being screwed. Did they decide who fault it was? I mean, you got hit in the back, that's an automatic no brainer.

I guess since the other party was also insured by triple A, triple A doesn't want to pay up.
Old 02-16-14, 04:40 AM
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Originally Posted by vbx
Yes you are being screwed. Did they decide who fault it was? I mean, you got hit in the back, that's an automatic no brainer.

I guess since the other party was also insured by triple A, triple A doesn't want to pay up.
That was the immediate thought I had before I even reported the claim lol and I was right...... They did not stated who's fault it was (of course) or else they would pay for the entire damage. Instead as mention above in the letter they won't pursue to recover my deductible and their EXPENSES for my repair. They made it sound so good and that's where the lawyer comes in, but they probably figure I wouldn't do anything for such minor damage. Man life isn't fair and insurance is always the bad guys lol.
Old 02-16-14, 07:00 AM
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Originally Posted by finalhope
Alright, I'm confused by this letter that Triple AAA just sent me by mail on the day after the accident and I received it today. I'm not sure if this letter is meant to settle my claim, please help

It says:
This letter will serve to acknowledge the claim recently reported on your policy as well as to supply you with information that will assist you with the handling of your claim. Then it shows me what my insurance policy covers for me in this accident. Then it comes to this part which totally confuses me and making me feel anxious.

"Your deductible will apply for this loss and should be paid to the shop once repairs are complete. Based on our investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party. However, our decision does not prevent you from attempting to recover your deductible, or any other losses and expenses, from other persons, insurers, or entities that may be responsible for such expenses. Please be advised that any such attempt to recover these expenses is your responsibility."

Did I just got screwed over by my own insurance company? I had a feeling they would screwed me over since both party had the same insurance and since it would cost less for them to repair my vehicle if I paid from my policy instead. You guys understand what I mean?

Okay I'm not totally sure if this letter is saying what I'm thinking. Is it? did I just got screwed by Triple AAA?
insurance agent here of 11 years let me shed some light before all the know it alls come in and confuse the situation.

the letter simply means that if thou intend to claim through your insurance you have to pay your deductible to the body shop because your policy will pay the damage less deductible.
if you choose this route, you'll end up going through the subrogation process.
just FYI this can take a long time!
if you decide to take this path you may have to fight with the other insurance company to get your deductible paid back.
if i were in your shoes, i would go after the other company to pay the claim.
the problem is, if they believe the BS story of their insured backing into you, your going to have a fight on your hands.
the reason the insurance company has taken this position is because believe it or not, they are challenging you! think about it this way.. your only option at this point is to go through your insurance company or lawyer up and go against them in court. they are calling your bluff since their insured is claiming no fault. they will take the path of least resistance. because there is a chance you'll not want to mess with the whole thing and they get off the hook scott free any pay you nothing…
i seem to recall you saying she has the same insurance. well thats good news because its pretty easy to subrogate with your own company!
so you'll have to pay your deductible and after all is settled you'll end up getting it all back.
Old 02-16-14, 07:18 AM
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Originally Posted by Bass Mech
insurance agent here of 11 years let me shed some light before all the know it alls come in and confuse the situation.

the letter simply means that if thou intend to claim through your insurance you have to pay your deductible to the body shop because your policy will pay the damage less deductible.
if you choose this route, you'll end up going through the subrogation process.
just FYI this can take a long time!
if you decide to take this path you may have to fight with the other insurance company to get your deductible paid back.
if i were in your shoes, i would go after the other company to pay the claim.
the problem is, if they believe the BS story of their insured backing into you, your going to have a fight on your hands.
the reason the insurance company has taken this position is because believe it or not, they are challenging you! think about it this way.. your only option at this point is to go through your insurance company or lawyer up and go against them in court. they are calling your bluff since their insured is claiming no fault. they will take the path of least resistance. because there is a chance you'll not want to mess with the whole thing and they get off the hook scott free any pay you nothing…
i seem to recall you saying she has the same insurance. well thats good news because its pretty easy to subrogate with your own company!
so you'll have to pay your deductible and after all is settled you'll end up getting it all back.
Sorry, I'm not quite fully understanding what you have just said here. Do you mean I should just wait for her insurance policy to pay me for the damages?
We both have the same insurance company, but why did they send me this letter telling me that "based on their investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party".
So is the insurance company going to continue to determine who's fault it is?
If not then what can I do?
Before they sent this letter to me when I first started filing the claim, I did tell them I wanted the option to wait for them to claim the other party (who didn't admit fault and rather claim that I backed up into her). I told them I have a witness and they interviewed him already.
So how can I go after the "other company" if it's the same company who just sent me a letter telling me what they told me above?

Last edited by finalhope; 02-16-14 at 07:25 AM.
Old 02-16-14, 08:52 AM
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Originally Posted by finalhope
Sorry, I'm not quite fully understanding what you have just said here. Do you mean I should just wait for her insurance policy to pay me for the damages?
We both have the same insurance company, but why did they send me this letter telling me that "based on their investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party".
So is the insurance company going to continue to determine who's fault it is?
If not then what can I do?
Before they sent this letter to me when I first started filing the claim, I did tell them I wanted the option to wait for them to claim the other party (who didn't admit fault and rather claim that I backed up into her). I told them I have a witness and they interviewed him already.
So how can I go after the "other company" if it's the same company who just sent me a letter telling me what they told me above?
The Insurance company basically would fix your car as a regular collision claim made by you. Your rates might go higher as you have a claim reported. They have no intentions to recover their money but you are free to go recover your deductible if you want to.
IMO your mistake is that you went to your insurance. I got hit in the parking lot and I didn;t have my insurance involved at all. If it's not your fault always call the other party insurance. they will open a claim , you tell them all the details including the witness you have. DO not get your insurance involved unless you have no info about the other driver.In which case I would do a police report and than notify my insurance company.
Old 02-16-14, 05:44 PM
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Originally Posted by keyframe13
The Insurance company basically would fix your car as a regular collision claim made by you. Your rates might go higher as you have a claim reported. They have no intentions to recover their money but you are free to go recover your deductible if you want to.
IMO your mistake is that you went to your insurance. I got hit in the parking lot and I didn;t have my insurance involved at all. If it's not your fault always call the other party insurance. they will open a claim , you tell them all the details including the witness you have. DO not get your insurance involved unless you have no info about the other driver.In which case I would do a police report and than notify my insurance company.
Lol the other party have the same insurance company as i do. I know the other partys info. Well it does seem like my situation is pretty hard to understand.
Old 02-16-14, 05:55 PM
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Originally Posted by finalhope
Sorry, I'm not quite fully understanding what you have just said here. Do you mean I should just wait for her insurance policy to pay me for the damages?
We both have the same insurance company, but why did they send me this letter telling me that "based on their investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party".
So is the insurance company going to continue to determine who's fault it is?
If not then what can I do?
Before they sent this letter to me when I first started filing the claim, I did tell them I wanted the option to wait for them to claim the other party (who didn't admit fault and rather claim that I backed up into her). I told them I have a witness and they interviewed him already.
So how can I go after the "other company" if it's the same company who just sent me a letter telling me what they told me above?
sorry i was out all day, without having talked to the claims person myself i cannot say for sure, it may be that the letter was already mailed before they got all the facts straight and interviewed the witness.
at this point you need to consult with your claims rep. the way i see it you shouldn't have to pay anything. as a matter of fact with my company ANPAC if you get involved with another driver front he same company they waive the deductible all together for both parties.

but if they are anything like state farm, i saw a situation where 2 parties from state farm hit each other. state farm sided with the person who had liability only so they could deny coverage to the fully insured driver and force him to pay his deductible even though clearly he was not at fault!

but i cannot speculate what your company may or may not do. if your story is accurate and you have a witness this should be open and shut case, they pay for everything and you pay nothing.
you also should get a rental car while yours is being fixed.
and you might want to get some diminished value as well.
this type of situation is where an insurance companies true colors shine through. since they are both on the claimant and other parties side it will be interesting to see how they handle this situation.
Old 02-16-14, 05:56 PM
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It seems like bass mech might know what is happening, but i dont understand some of the thoughts he mentioned above.
Simply put the story is the ofher party and i both have the same insurance company, but she claim i back yp into her while i claim she rear ended me. I was on the street whole she was coming out of the ramp of a gas station. I got a witness who works at the gas station. I thought i had this case going well until the insurance company sent me this letter which im anxious about, but might not fully understand what it meant.

Again the letter says, "Your deductible will apply for this loss and should be paid to the shop once repairs are complete. Based on our investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party. However, our decision does not prevent you from attempting to recover your deductible, or any other losses and expenses, from other persons, insurers, or entities that may be responsible for such expenses. Please be advised that any such attempt to recover these expenses is your responsibility."

Please what do you guys think of this letter meant? It seems like the insurance company is trying to avoid the fact fhat they have to pay me the full damage caused by their ofher insured party and rather make me pay my deductible? Does it seem like thats whats going on guys?
Old 02-16-14, 06:05 PM
  #41  
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Originally Posted by Bass Mech
sorry i was out all day, without having talked to the claims person myself i cannot say for sure, it may be that the letter was already mailed before they got all the facts straight and interviewed the witness.
at this point you need to consult with your claims rep. the way i see it you shouldn't have to pay anything. as a matter of fact with my company ANPAC if you get involved with another driver front he same company they waive the deductible all together for both parties.

but if they are anything like state farm, i saw a situation where 2 parties from state farm hit each other. state farm sided with the person who had liability only so they could deny coverage to the fully insured driver and force him to pay his deductible even though clearly he was not at fault!

but i cannot speculate what your company may or may not do. if your story is accurate and you have a witness this should be open and shut case, they pay for everything and you pay nothing.
you also should get a rental car while yours is being fixed.
and you might want to get some diminished value as well.
this type of situation is where an insurance companies true colors shine through. since they are both on the claimant and other parties side it will be interesting to see how they handle this situation.
I have triple a (CSAA). They sent me this letter after i told them everything along with the witness. It seems like they're doing what your example of the state farm case said. What can i do to this scamming auto insurance? They're pretty popular in the west too, i cant believe this is happening. I knew i was right before i even claim, this is injustice. Can i take it to the court? Rather than telling me whos fault it is they said "we do not intend to pursue to recover your deductible. If they treat every customer like me this way they arent afraid they will lose the customers who pay for their insurance at a higher price than the ones they sided with only liability coverage? God im just so upset about auto insurance atm
Old 02-16-14, 06:32 PM
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Originally Posted by finalhope
I have triple a (CSAA). They sent me this letter after i told them everything along with the witness. It seems like they're doing what your example of the state farm case said. What can i do to this scamming auto insurance? They're pretty popular in the west too, i cant believe this is happening. I knew i was right before i even claim, this is injustice. Can i take it to the court? Rather than telling me whos fault it is they said "we do not intend to pursue to recover your deductible. If they treat every customer like me this way they arent afraid they will lose the customers who pay for their insurance at a higher price than the ones they sided with only liability coverage? God im just so upset about auto insurance atm
Yeah I would be pissed to if it wasn't my fault and had to pay the deductible. Since you were rear ended AND have a witness, it shouldn't cost you anything. Not sure what AAA is doing.

What's your deductible? If it's worth it, just take the other party to court.

It's an easy win since you have a witness. I won my case without a witness, no police report, and bad photos. lol

Since my rear bumper was damaged, it was pretty much an easy case. All I had to do was tell the truth.

By the way, AAA paid for everything even my deductible. All I did was call to report that I was rear ended and they said go ahead and take it to a bodyshop to get it fixed. Even when they got the report from the other party claiming that she didn't hit my car.... Which later changed to "I reversed into her".

The only thing I sued for was 1 week car rental + court cost.
Old 02-16-14, 06:47 PM
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Originally Posted by vbx
Yeah I would be pissed to if it wasn't my fault and had to pay the deductible. Since you were rear ended AND have a witness, it shouldn't cost you anything. Not sure what AAA is doing.

What's your deductible? If it's worth it, just take the other party to court.

It's an easy win since you have a witness. I won my case without a witness, no police report, and bad photos. lol

Since my rear bumper was damaged, it was pretty much an easy case. All I had to do was tell the truth.

By the way, AAA paid for everything even my deductible. All I did was call to report that I was rear ended and they said go ahead and take it to a bodyshop to get it fixed. Even when they got the report from the other party claiming that she didn't hit my car.... Which later changed to "I reversed into her".

The only thing I sued for was 1 week car rental + court cost.
Well lucky you that the other party was probably not insured with Triple A and not only with liability coverage. I probably would win this in court, but they probably saw that it was only minor damage and I wouldn't go through the hassle to the court. Man what should I expect if the accident caused major damage instead? They wouldn't do the same to me would they? If so, I would be F***
Old 02-16-14, 07:05 PM
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Well seems like the outcome is I'm screwed and this is an experience to all of you out there to acknowledge. Scamming auto insurances and I cant stand the look on that b**** who's vehicle rear ended me, she probably knew this would happen.
Old 02-16-14, 07:36 PM
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Originally Posted by finalhope
Well lucky you that the other party was probably not insured with Triple A and not only with liability coverage. I probably would win this in court, but they probably saw that it was only minor damage and I wouldn't go through the hassle to the court. Man what should I expect if the accident caused major damage instead? They wouldn't do the same to me would they? If so, I would be F***
The other party insurance "State Farm" refused to pay for everything. So AAA paid for everything besides Car Rental. I'm not sure if AAA was able to recover their cost after the court decision in my favor.

How bad is your damage? My didn't look bad at all. Some areas looked like it could be buffed out. But there were the edges that had some scrape that went down to the plastic.


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