Insurance and car accident.?

Question

I was involved in an accident in which I struck a vehicle in the rear on 11/15/2004. It was not a bad collision and I was starting to walk-up to ask the driver of the other vehicle if he was okay, when a car rear-ended me and then two more cars hit that vehicle pushing my jeep under the vehicle which I had hit causing severe damage in excess of $3500. My insurnce payed the driver I hit, but I have not received a dime from farmers insurance. I placed a call to the insured vehicle that strcuk me and they told me to use my insurance company to hash-out all the details and to collect funds for repair my vehicle. I told this to my insurance agent (Progressive) and they said they would do that but I didn't have full coverage so that will not happen, I need to deal with the other partie's insurance companies. I have no Idea where to go from here. If I had the money, I would get a lawyer and I am sure that I would have this resolved right now. Does anyone have an idea for me?

peace

Answer 1

I was a claims adj for years and here is the scoop....

First let me say that each state has different laws. My experience is based on KS and MO claims.

When we would work claims where there were multiple impacts caused by multiple cars we would have to determine what amount of damage each car owed. In this case it sounds like there were 5 cars total. The car you hit is car #1, you are car #2, and the cars behind you are #3, 4 and 5 respectively. The first question I would ask is how many impacts from the rear did your car have and how hard where each of the impacts? If your car experienced 3 impacts equally hard than cars 3, 4 and 5 would owe equally for your damages. If your car had 2 impacts and the first one was significantly harder than the other than I would estimate that car # 3 would owe maybe 80% of your rear damages and car 4 would owe 20%.

The front of your vehicle is a little different as you are responsible for the first impact. The rating would be done the same as above but depending on your % of negligence/responsibility you may not be able to collect for any of the front-end damages. In some states if you are more than 50% at fault for the damages you are barred from recovery. The 50% rule would not apply to cars 3, 4, 5 and the rear of your vehicle since there are multiple tortfeasers (responsible drivers).

In any case what Farmers is telling you to do is go through your carrier so all the insurance companies can go through the process of subrogration/abitration. They are doing this because no one owes all of the damages and therefore no one wants to pay 100% out of their policy in case the other insurance companies will not agree to pay. As unfair as it is you have to put yourself in their shoes. Would you want your policy paying out for 100% of the damages to 5 cars if you did not owe for it, keep in mind your rates are increased based on your driving record and the amount of money paid out on your claims. You need to let the insurance companies know that you do not have full coverage. They might handle it differently. You can see if one of the cars 3, 4, 5 insurance company will pay under joint and several liability (if your state has that). That means that one company will step up to the plate to make you whole since you had no responsibility. My guess is that this will not happen, as the companies probably do not agree on what they each owe. A lawyer is not a good route because your car is probably not worth what it would cost to hire and the insurance companies would tell him the same thing. Your best course of action might be to take cars 3, 4, and 5 to small claims court together in 1 suit. Let the judge rule. The insurance company will pay the verdict.

Answer 2

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RE Insurance and car accident.?

I was involved in an accident in which I struck a vehicle in the rear on 11/15/2004. It was not a bad collision and I was starting to walk-up to ask the driver of the other vehicle if he was okay, when a car rear-ended me and then two more cars hit that vehicle pushing my jeep under the vehicle which I had hit causing severe damage in excess of $3500. My insurnce payed the driver I hit, but I have not received a dime from farmers insurance. I placed a call to the insured vehicle that strcuk me and they told me to use my insurance company to hash-out all the details and to collect funds for repair my vehicle. I told this to my insurance agent (Progressive) and they said they would do that but I didn't have full coverage so that will not happen, I need to deal with the other partie's insurance companies. I have no Idea where to go from here. If I had the money, I would get a lawyer and I am sure that I would have this resolved right now. Does anyone have an idea for me?

peace

Answer 3

Yes, call Farmer's back, explain you don't have collision on your vehicle and explain that you want them to make a decision to either pay your claim or deny now, so you can decide if you need to file suit. You'll need proof of your damages if you proceed to file suit. Where did this happen? Check because the Statute of Limitations could be approaching. It can be one (in which case you're screwed), two, or three years after the accident. That means you have until the date of the accident that many years later to settle your claim or toll the statute by filing a suit. If your Statute expires 11/15/06, you better get busy!

Answer 4

You need to call back Farmers, and tell them you don't have collision - so they won't be getting subrogation from you. Was FArmers the "last car in"? Because the "last car in" is probably the one that will pay you - UNLESS they've paid out their policy limit - in which case you'll have to sue the driver, and hope they have any money.

Lots of luck, you're going to be making A LOT of phone calls, and going through A LOT of hassle.

Answer 5

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