Hate Insurance

[kiedo]

Not sure if this is the right place. Kinda looking for some help.

So, on the 23rd of Dec I got rear ended on deerfoot southbound, close to glenmore trail exit. I got pushed into the SUV infront of me (he had slammed on his breaks). I stopped in time though the guy behind me obviously did not.

I went through the whole insurance thing with his insurance company. Just today I got the final conclusion --

Front of my car suffered 10,000+ in damage.
Rear suffered 1,900 in damage.

Insurance says I rear ended the guy infront of me and then got rear ended by their client. I distinctly remember getting hit first and pushed into the SUV.

So my car is toast and they are giving me coverage for the rear damage. I still owe 5500 on this car.

Is there anything I can do to appeal this? I talked to a lawyer and he said that theres nothing he can do and my only hope is to find some proof.

If anyones been in a similar situation and proved that they weren't in any way at fault, just the innocent driver in the middle, let me know what you did to make your case. I have a few accident photos, though I doubt they will help.

[ShermanEF9]

the biggest problem is you hit the person infront of you.. meaning you were too close. it may or may not be reality, but its what they are going to say.

[kiedo]

even if i was able to stop in time?
I admit once i was comfortable with have the distance to stopped, i eased off the breaks, to a roll, prepping for traffic to continue motion.

[Cos]

it isnt what the truth is, it is what you can prove unfortunately. If you can prove you stopped first then yes you can argue it.

[kiedo]

Thats what they are telling me... It sucks that the guy at fault lied on his statement that I hit the front car first then he rear ended me.

My main question is does anyone know any way to prove that it happened how it did?

[Cos]

police or other eye witnesses. Doubt brake marks will still be there.

[chkolny541]

it was my understanding that regardless if you hit the guy in front of you or not, if you get rear ended and pushed into the guy ahead of you, its your fault for the guy ahead of you, due to being stopped too close. :dunno: <--if this is the case, your fucked OP

[ercchry]

Originally posted by kiedo
Thats what they are telling me... It sucks that the guy at fault lied on his statement that I hit the front car first then he rear ended me.

My main question is does anyone know any way to prove that it happened how it did?

there is no reason for that guy to lie.... a claim is a claim

[kiedo]

Originally posted by ercchry


there is no reason for that guy to lie.... a claim is a claim


wouldn't his insurance go up in this case if he was found at fault for the entire thing? that would be motivation to lie imo...

[ercchry]

Originally posted by kiedo



wouldn't his insurance go up in this case if he was found at fault for the entire thing? that would be motivation to lie imo...

he is still at fault for the rear ender... so no, it would not change anything

[kiedo]

Either way he lied, which sucks. He's at fault for the entire thing and he's going to get pretty much away with it... I guess thats how life goes... Well, I thought I'd try here for some advice, hopefully some comes.

In the meantime the search goes on for some tactics to prove my side.

[signature7]

What about the statement of the person in front of you? Anyway he stated you were stopped?

[ercchry]

or maybe you found the phone number of that witness that stopped ;)

[FraserB]

Was the vehicle in front of you a Ford Explorer, late '90's model?

Maybe talk to the SUV owner?

[bignerd]

I would talk to the person in front of you and see if they remember you being stopped and if they would be your witness or make a statement.

[gqmw]

Originally posted by bignerd
I would talk to the person in front of you and see if they remember you being stopped and if they would be your witness or make a statement.

That would be your best bet.

But these things are really hard to prove unless the person in front or the person behind are able to collaborate your story. Or if there are other witnesses.

[Joe-G]

When i was rear ended i also ended up hitting the person in front of me. I wasnt considered at fault for anything, or for following too close.

Fight it!

[rojhero]

Originally posted by Joe-G
When i was rear ended i also ended up hitting the person in front of me. I wasnt considered at fault for anything, or for following too close.

Fight it!

Same thing happened to my parents ten years ago and they were not found at fault. I believe it was the story of the couple in front that cleared them. They were stopped at a light though so that might make a difference?

The same couple also tried to sue my parents for pain and suffering, but insurance got that all cleared up.

[VaN_HaMMeRSTeiN]

Same thing happened to a friend back in HS, he didn't pay a penny for anything. I would fight this if I were you.

[Masked Bandit]

You will need to speak with or see the statement of the person in front of you. If it happened like you say it did (you stopped, were hit and pushed into the vehicle in front) then the statement from the person in front of you should say they only felt one bump (you being pushed into them). If however the person in front of you says they were hit twice (once by you and then again by you when you were hit) then you're phucked.

[beyond_ban]

What makes me doubt your story is the fact that you have $10k on your front, but only $1,900 to your rear end. If he was the only reason that you hit the guy in front, how is there such a discrepancy in costs of the damage?

[20incheyes]

Originally posted by beyond_ban
What makes me doubt your story is the fact that you have $10k on your front, but only $1,900 to your rear end. If he was the only reason that you hit the guy in front, how is there such a discrepancy in costs of the damage?

The front of the car has more expensive parts and crumbles more from my bodyshop experience....

I've fixed a Cayenne in a similar situation and the front was $45K and rear about $5K

[Zero102]

Originally posted by Masked Bandit
You will need to speak with or see the statement of the person in front of you. If it happened like you say it did (you stopped, were hit and pushed into the vehicle in front) then the statement from the person in front of you should say they only felt one bump (you being pushed into them). If however the person in front of you says they were hit twice (once by you and then again by you when you were hit) then you're phucked.
^^^^
THIS EXACTLY

[kiedo]

Originally posted by Masked Bandit
You will need to speak with or see the statement of the person in front of you. If it happened like you say it did (you stopped, were hit and pushed into the vehicle in front) then the statement from the person in front of you should say they only felt one bump (you being pushed into them). If however the person in front of you says they were hit twice (once by you and then again by you when you were hit) then you're phucked.


Thank you, I am currently trying to obtain the statements from both drivers. If I see possible evidence that says points toward me being not at fault, do you guys know if this goes to small claims court or if it is dealed internally first?

I am assuming I have the right to appeal their decision if I have not signed anything to make their decision the final one. Is this correct?

I am currently analyzing my car and the photos I have until I have the documentation. After I get the statements I will try to get in touch personally with the first driver to see if he can speak in person if required, as that would be optimal.

[Masked Bandit]

Originally posted by kiedo



Thank you, I am currently trying to obtain the statements from both drivers. If I see possible evidence that says points toward me being not at fault, do you guys know if this goes to small claims court or if it is dealed internally first?

I am assuming I have the right to appeal their decision if I have not signed anything to make their decision the final one. Is this correct?

I am currently analyzing my car and the photos I have until I have the documentation. After I get the statements I will try to get in touch personally with the first driver to see if he can speak in person if required, as that would be optimal.

The adjuster for your insurance company should already have a copy of the statement from the guy in front of you. Did you ask your own company what the guy said?

[tom_9109]

OP, am I correct in thinking you don't carry collision?

[JRSC00LUDE]

Originally posted by tom_9109
OP, am I correct in thinking you don't carry collision?

And is so then why the fuck not? Pretty tough to complain (imo) about not getting paid out properly for a COLLISION when you don't carry proper coverage.

If you don't have collision insurance, you gamble. Sometimes when you roll the dice, you lose.

[Mar]

You can set up a dash camera to a DVR for $300, would have saved you $10,000 in this case.

[syeve]

I would be pissed at MY insurance company if this happened. They are suppose to be on your side, why are they taking this guys word over yours? If the conditions were less than perfect you have the right to appeal this. If you stopped in time and the guy behind you didn't HE caused the accident.

I would be on the phone with your insurance company ASAP.

[jonnycat]

This happened to a buddy of mine when I was with him. It was a 4 car accident. The instigator's insurance paid for her car and the damage on the rear of the first car, his insurance paid for front end of his truck and the rear damamge to my buddies car. My buddy's insurance covered his front end the damage to the rear of the explorer in front of us. The Explorer out front paid nothing.

Collision Insurance is a requirement on a Financed vehicle in order for the initial loan to even be funded. I would think taking it off mid-contract would be considered fraud from the banks perspective, as I am sure there is a clause in the contract stating it must be covered until the loan is paid out.

[w_man]

Something similar happened to a buddy of mine and he was required to 'prove it'. He put up signs in the area the accident took place stating the date/time his accident took place and if anyone knows to please contact him ... and what do ya know!??! he got a call from a witness ;)

[Ntense_SpecV]

Happened exactly like that to my friend. He got rear ended and was pushed into the car in front of him. He took his foot off the brake and was waiting for traffic to continue. In the end his insurance treated the front and the back of the car as 2 seperate accidents. The front being his at-fault and the rear as a no-fault. He did the exact same thing and got the person he was pushed into to contact the insurance company but in the end the insurance still said he was following to close and was hit with an at-fault collision.