OT - car accident - info needed relating to Insurance claim

[Rollerdude123]

sorry to bother but I had a question regarding an insurance claim. I haven’t experienced this before.

My son was driving his car recently and another car pulled out in front of him crossing from a business on the right side of the road to a paved median in the middle of a 4 lane highway.

My son tried to stop but hit the driver side rear of the car, which also caused some damage to the driver side front of his car. No injuries to anyone. Both cars were able to be driven after the incident, no issues.

Police came and talked to everyone and cited the other driver for failure to yield. She said she simply didn’t see anyone coming. Officer estimated my son going the speed limit which he said he was doing.

Her insurance was State Farm. From what I can tell, the other driver told State Farm the same thing. They accepted 80% of the liability and told me they assigned 20% to my son because of “failure to maintain proper lookout.” I didn’t argue because I didn’t think it would help and the car is not being repaired as of yet. I realize State Farm’s job is to protect themselves and their insured driver.

For those with experience, is there any use in arguing with State Farm about this? What are the chances they increase their % if I ask for more consideration?

I’ve driven to the accident site and tried to figure out what my son could have done different. I didn’t take his word as the gospel on what happened. I got a copy of the police report to read what the officer wrote. My son saw the lady pull out in front of him. He was watching. He said, along with a witness, there was no way to avoid the collision. She pulled out directly into his path and he hit the brakes and almost avoided her car but tagged the rear driver side.

 

[USCBatgirl21]

Let your insurance company fight with them. That is why you pay them. Don't give any statements to State Farm.

 

[18IsTheMan]

I agree with the above statement.

Also, if police cited the other driver and not your son, this is a no-brainer in my book.

At least you have the police report to lean on. I live in the DC area and they don't even send officers out for most wrecks. I was rear-ended on the beltway during rush hour a few months ago, so I called the police like I was accustomed to doing in SC. The officer just gave me a case # to refer to and said if the guy rear-ended me that it should be obvious who was at fault. Just take pics and exchange insurance info was all we did. Thankfully the guy was honest and filed the insurance claim with his company right away and accepted liability. If he was a dirt bag he could have made something else up.

 

[Gaimcock]

sorry to bother but I had a question regarding an insurance claim. I haven’t experienced this before.

My son was driving his car recently and another car pulled out in front of him crossing from a business on the right side of the road to a paved median in the middle of a 4 lane highway.

My son tried to stop but hit the driver side rear of the car, which also caused some damage to the driver side front of his car. No injuries to anyone. Both cars were able to be driven after the incident, no issues.

Police came and talked to everyone and cited the other driver for failure to yield. She said she simply didn’t see anyone coming. Officer estimated my son going the speed limit which he said he was doing.

Her insurance was State Farm. From what I can tell, the other driver told State Farm the same thing. They accepted 80% of the liability and told me they assigned 20% to my son because of “failure to maintain proper lookout.” I didn’t argue because I didn’t think it would help and the car is not being repaired as of yet. I realize State Farm’s job is to protect themselves and their insured driver.

For those with experience, is there any use in arguing with State Farm about this? What are the chances they increase their % if I ask for more consideration?

I’ve driven to the accident site and tried to figure out what my son could have done different. I didn’t take his word as the gospel on what happened. I got a copy of the police report to read what the officer wrote. My son saw the lady pull out in front of him. He was watching. He said, along with a witness, there was no way to avoid the collision. She pulled out directly into his path and he hit the brakes and almost avoided her car but tagged the rear driver side.

Let your insurance company fight with them. That is why you pay them. Don't give any statements to State Farm.

"Insurance is a very specific type of gambling." The initial offer they presented you was simply a roll of the dice so to speak on their part. Batgirl is dead on. Let your insurance company handle it.

 

[GandBinNC]

South Carolina is a modified comparative negligence state, meaning that a claim can be filed by the claimant (your son) against the adverse driver if that driver is found to be more than 50% at fault. The claimant's compensation can be reduced, however, by their own percentage of fault - in this case, 20%.

If I understand the scenario correctly, the other driver pulled out in front of your son, and the left front of your son's vehicle made contact with the left rear of the adverse vehicle. There is something called "last clear chance doctrine" which states essentially that a driver must take all reasonable action to avoid an accident, even if the accident is primarily another driver's fault. In this case, the adverse vehicle was far enough into their turn that your son hit them in the left rear (meaning that they were well into their maneuver at the time of collision). If your son had struck the adverse vehicle in the left front, or if the adverse vehicle had broadsided your son's car, it could be more readily assumed that your son had no opportunity to react or avoid the collision.

That's my take as a former auto adjuster, based on my recollection of S.C. law (disclaimer - I am not an attorney). You, or your son, certainly have the right to present the adverse carrier with argument and/or evidence to the contrary, and they may or may not change their decision.

To Batgirl's point, your son also has the option of filing a collision claim with his own carrier and that carrier will present a subrogation claim against State Farm in order to collect their damages and your son's deductible. That could be an easier option which would take him out of the middle of the situation. He needs to be sure to discuss any possible ramifications of filing a claim with his agent prior to actually filing (i.e. he needs to understand any potential impact on premium, renewability, etc if he files a first party claim so that he can make an informed decision).

Best of luck. No fun. Certainly glad no one was hurt.

 

[Rollerdude123]

Thank you for this great info.

I think it is certainly possible my son could have avoided contact ( I wasn’t there) but after seeing the location, if he would have swerved to avoid it I fear he would have run off the road increasing the chances of severe injuries.

I did call my own insurance but I fear if they pay under our collision coverage and try to recover from State Farm , my insurance will go up. But I realize that is part of the equation. They didn’t really give me much advice.

I think my issue is my son did talk to State Farm and they asked him if it was possible to avoid the accident at all, he said “anything is possible. “ My son thinks like that. If you had asked him if a meteor could have hit his car, he would have said “it’s possible.” LOL.

 

[Rollerdude123]

Thank you. Very helpful.

South Carolina is a modified comparative negligence state, meaning that a claim can be filed by the claimant (your son) against the adverse driver if that driver is found to be more than 50% at fault. The claimant's compensation can be reduced, however, by their own percentage of fault - in this case, 20%.

If I understand the scenario correctly, the other driver pulled out in front of your son, and the left front of your son's vehicle made contact with the left rear of the adverse vehicle. There is something called "last clear chance doctrine" which states essentially that a driver must take all reasonable action to avoid an accident, even if the accident is primarily another driver's fault. In this case, the adverse vehicle was far enough into their turn that your son hit them in the left rear (meaning that they were well into their maneuver at the time of collision). If your son had struck the adverse vehicle in the left front, or if the adverse vehicle had broadsided your son's car, it could be more readily assumed that your son had no opportunity to react or avoid the collision.

That's my take as a former auto adjuster, based on my recollection of S.C. law (disclaimer - I am not an attorney). You, or your son, certainly have the right to present the adverse carrier with argument and/or evidence to the contrary, and they may or may not change their decision.

To Batgirl's point, your son also has the option of filing a collision claim with his own carrier and that carrier will present a subrogation claim against State Farm in order to collect their damages and your son's deductible. That could be an easier option which would take him out of the middle of the situation. He needs to be sure to discuss any possible ramifications of filing a claim with his agent prior to actually filing (i.e. he needs to understand any potential impact on premium, renewability, etc if he files a first party claim so that he can make an informed decision).

Best of luck. No fun. Certainly glad no one was hurt.

 

[rogue cock]

South Carolina is a modified comparative negligence state, meaning that a claim can be filed by the claimant (your son) against the adverse driver if that driver is found to be more than 50% at fault. The claimant's compensation can be reduced, however, by their own percentage of fault - in this case, 20%.

If I understand the scenario correctly, the other driver pulled out in front of your son, and the left front of your son's vehicle made contact with the left rear of the adverse vehicle. There is something called "last clear chance doctrine" which states essentially that a driver must take all reasonable action to avoid an accident, even if the accident is primarily another driver's fault. In this case, the adverse vehicle was far enough into their turn that your son hit them in the left rear (meaning that they were well into their maneuver at the time of collision). If your son had struck the adverse vehicle in the left front, or if the adverse vehicle had broadsided your son's car, it could be more readily assumed that your son had no opportunity to react or avoid the collision.

That's my take as a former auto adjuster, based on my recollection of S.C. law (disclaimer - I am not an attorney). You, or your son, certainly have the right to present the adverse carrier with argument and/or evidence to the contrary, and they may or may not change their decision.

To Batgirl's point, your son also has the option of filing a collision claim with his own carrier and that carrier will present a subrogation claim against State Farm in order to collect their damages and your son's deductible. That could be an easier option which would take him out of the middle of the situation. He needs to be sure to discuss any possible ramifications of filing a claim with his agent prior to actually filing (i.e. he needs to understand any potential impact on premium, renewability, etc if he files a first party claim so that he can make an informed decision).

Best of luck. No fun. Certainly glad no one was hurt.

He's in DC....one of only 5 comparative negligence states.

 

[rogue cock]

Thank you for this great info.

I think it is certainly possible my son could have avoided contact ( I wasn’t there) but after seeing the location, if he would have swerved to avoid it I fear he would have run off the road increasing the chances of severe injuries.

I did call my own insurance but I fear if they pay under our collision coverage and try to recover from State Farm , my insurance will go up. But I realize that is part of the equation. They didn’t really give me much advice.

I think my issue is my son did talk to State Farm and they asked him if it was possible to avoid the accident at all, he said “anything is possible. “ My son thinks like that. If you had asked him if a meteor could have hit his car, he would have said “it’s possible.” LOL.

Get your estimate from the manufacturer using manufacturer replacement parts. Demand the whole amount. In SC, you'd get it....but DC is one of the few comparative negligence states...although their estimation of the comparative negligence means little. The officer cited only one party as the "at fault" party....run with it as your son did not contribute to the accident. Be tough, be mean if you have to.

 

[GandBinNC]

He's in DC....one of only 5 comparative negligence states.

I could be wrong, but I don't think the OP is in DC. That was 18IsTheMan, who replied to the OP's post. He mentioned that he is from DC.

Not that it matters. Pure comparative or modified comparative = same outcome in this case.

 

[The Coup Nazi]

Your son should have opened up a can. That’s the way we do it in these here hills.

 

[gpcocks]

Your son should have opened up a can. That’s the way we do it in these here hills.

Are you suggesting he should've assaulted the woman who caused him to wreck, or the State Farm adjuster?

 

[king ward]

My granddaughter ran afoul of this comparative negligence doctrine awhile back. Her car was hit by another person and that person's carrier tried to use this device to avoid paying 20% of the claim. In the end, my granddaughter collected enough to cover her damages. What has happened is that some people will not avoid accidents in an attempt to capitalize. Maybe they are in a car they would like to be rid of, or maybe they want to try to run a medical scam. That happened to my father one time and his carrier settled with the woman perpetrating the fraud in order to cut their costs. Bottom line; everything to do with insurance is a racket, but there are plenty of crooks out there scamming the carriers as well.

 

[TheMasterplan]

Former auto adjuster here and you were given good info above by the other former auto adjuster. Disregard all of the other people's comments. The big carriers are hell bent on saving a few bucks via SC's comparative negligence laws. You can thank your local legislators for not rectifying the laws. Anyway, a few other things...

1) Assuming the vehicle has never been in an accident before, file a "diminished value" claim with the carrier AFTER the repairs are complete. They'll never tell you that you have this option, but you absolutely do. Basically, after repairs are done, another estimate is written and you can be compensated for the diminished value of the vehicle. This is because it's trade-in value is less than it was prior to the accident.

2) If they are going to dig their heels in on the 20% offset, perhaps your son was a "little sore" for a couple of days after the accident. Even without medical treatment, I was all about throwing a few hundred bucks at someone if they mentioned being a little sore. A few hundred bucks up front in exchange for a release saved me a massive headache later on if someone decides they're injured.

3) DON'T report it to your carrier. They are not going to fight the other insurance company all that hard over what's basically a drop in the bucket for them. You file a collision claim for your damage, they pursue the other carrier that offers 80%, and then they accept 90% and close it down.
Six months later your premium goes up.

 

[USCBatgirl21]

South Carolina is a modified comparative negligence state, meaning that a claim can be filed by the claimant (your son) against the adverse driver if that driver is found to be more than 50% at fault. The claimant's compensation can be reduced, however, by their own percentage of fault - in this case, 20%.

If I understand the scenario correctly, the other driver pulled out in front of your son, and the left front of your son's vehicle made contact with the left rear of the adverse vehicle. There is something called "last clear chance doctrine" which states essentially that a driver must take all reasonable action to avoid an accident, even if the accident is primarily another driver's fault. In this case, the adverse vehicle was far enough into their turn that your son hit them in the left rear (meaning that they were well into their maneuver at the time of collision). If your son had struck the adverse vehicle in the left front, or if the adverse vehicle had broadsided your son's car, it could be more readily assumed that your son had no opportunity to react or avoid the collision.

That's my take as a former auto adjuster, based on my recollection of S.C. law (disclaimer - I am not an attorney). You, or your son, certainly have the right to present the adverse carrier with argument and/or evidence to the contrary, and they may or may not change their decision.

To Batgirl's point, your son also has the option of filing a collision claim with his own carrier and that carrier will present a subrogation claim against State Farm in order to collect their damages and your son's deductible. That could be an easier option which would take him out of the middle of the situation. He needs to be sure to discuss any possible ramifications of filing a claim with his agent prior to actually filing (i.e. he needs to understand any potential impact on premium, renewability, etc if he files a first party claim so that he can make an informed decision).

Best of luck. No fun. Certainly glad no one was hurt.

Good info here.

 

[RickyRooster]

Former auto adjuster here and you were given good info above by the other former auto adjuster. Disregard all of the other people's comments. The big carriers are hell bent on saving a few bucks via SC's comparative negligence laws. You can thank your local legislators for not rectifying the laws. Anyway, a few other things...

1) Assuming the vehicle has never been in an accident before, file a "diminished value" claim with the carrier AFTER the repairs are complete. They'll never tell you that you have this option, but you absolutely do. Basically, after repairs are done, another estimate is written and you can be compensated for the diminished value of the vehicle. This is because it's trade-in value is less than it was prior to the accident.

2) If they are going to dig their heels in on the 20% offset, perhaps your son was a "little sore" for a couple of days after the accident. Even without medical treatment, I was all about throwing a few hundred bucks at someone if they mentioned being a little sore. A few hundred bucks up front in exchange for a release saved me a massive headache later on if someone decides they're injured.

3) DON'T report it to your carrier. They are not going to fight the other insurance company all that hard over what's basically a drop in the bucket for them. You file a collision claim for your damage, they pursue the other carrier that offers 80%, and then they accept 90% and close it down.
Six months later your premium goes up.

Yes! The last two accidents my wife was in were not her fault, and she claimed diminished value both times (might have been separate cars). Got around $1000 both times as well. She also had records of her doc in a box visit after accident, and payroll stub for missed work due to these accidents.

 

[92Pony]

I wish I had known about the 'diminished value' thing. We had a vehicle that was rear-ended, and having been in an accident definitely came up at trade-in time. I don't know to what extent it hurt us there, but......

 

[Rollerdude123]

Thanks. This is helpful.

I have my damage estimate evaluation at State Farm this Saturday morning at one of their drive up clinics.

Would that be the time to mention the diminished value angle? My car had never been an in an accident before this latest incident.

 

[TigerMark89]

My wife had the same exact accident this week (Monday), car pulled out from a side street in front of my wife and she ran into them. Like yourself the the person had State Farm and they were charged with failure to yield. As of Wednesday morning State Farm was still "investigating" the accident. I called the SF Claim line around 11:00am and offered to have my insurance company contact them and miraculously the claim got approved at 100% within 30 minutes.

My wife is 50 and I am assuming your son isn't, I think they are just trying to get out of paying a little. Get your agent to make a phone call to them and it will get cleared up quick.

I thought about the diminished value angle (my wifes car is a 2018) and I ended up just pushing for all OEM parts. If you use one of the SF approved repair centers they give you an extended warranty on everything they fix. Luckily in Augusta its one of the best body shops around so I used them.

 

[TheMasterplan]

Thanks. This is helpful.

I have my damage estimate evaluation at State Farm this Saturday morning at one of their drive up clinics.

Would that be the time to mention the diminished value angle? My car had never been an in an accident before this latest incident.

No need to bring up the diminished value at the initial inspection. Just bring it up after repairs with the adjuster.

And again, NO need to involve your insurance company in a comp. neg. dispute, regardless of what another guy on this thread said. When a claimant had their insurance agent call to argue negligence on their behalf, we'd laugh them off the phone. The State Farm adjuster doesn't get paid by your insurance company or agent, thus could not care any less what they think. The only instance where your agent could maybe make a difference is if both of the involved vehicles had the same insurance company.

 

[Gamecock122]

If you dont get full 100%, claim (as stated above) your son is still hurting in the wrists, knees, back stiffness, neck stiffness, erectile dysfunction, blurred vision, migraines, swollen testicles, big toe on right foot is dislocated. If all this and they still want to claim 20% contributory negligence on your son, then hire an attorney and drive their costs up even higher.
Meanwhile, turkey season opened yesterday and i was the one screwed by ole Tom.

 

[The Coup Nazi]

Are you suggesting he should've assaulted the woman who caused him to wreck, or the State Farm adjuster?

The insurance company. If not that, at least call all 2’s.

 

[IH8FATBRAD]

Geico tried that shit with me. Best advice...Get an Attorney

 

[IH8FATBRAD]

State Farm sucks as do most Insurers. They profit by you suffering

 

[Rollerdude123]

Got estimate today. Looks like I will be out of pocket $550 with my 20%

I’ll be calling State Farm for “diminished value” after my car is repaired.

 

[tngamecock#]

South Carolina is a modified comparative negligence state, meaning that a claim can be filed by the claimant (your son) against the adverse driver if that driver is found to be more than 50% at fault. The claimant's compensation can be reduced, however, by their own percentage of fault - in this case, 20%.

If I understand the scenario correctly, the other driver pulled out in front of your son, and the left front of your son's vehicle made contact with the left rear of the adverse vehicle. There is something called "last clear chance doctrine" which states essentially that a driver must take all reasonable action to avoid an accident, even if the accident is primarily another driver's fault. In this case, the adverse vehicle was far enough into their turn that your son hit them in the left rear (meaning that they were well into their maneuver at the time of collision). If your son had struck the adverse vehicle in the left front, or if the adverse vehicle had broadsided your son's car, it could be more readily assumed that your son had no opportunity to react or avoid the collision.

That's my take as a former auto adjuster, based on my recollection of S.C. law (disclaimer - I am not an attorney). You, or your son, certainly have the right to present the adverse carrier with argument and/or evidence to the contrary, and they may or may not change their decision.

To Batgirl's point, your son also has the option of filing a collision claim with his own carrier and that carrier will present a subrogation claim against State Farm in order to collect their damages and your son's deductible. That could be an easier option which would take him out of the middle of the situation. He needs to be sure to discuss any possible ramifications of filing a claim with his agent prior to actually filing (i.e. he needs to understand any potential impact on premium, renewability, etc if he files a first party claim so that he can make an informed decision).

Best of luck. No fun. Certainly glad no one was hurt.

Your post is totally correct. Spot on

 

[gpcocks]

The insurance company. If not that, at least call all 2’s.