Links
Steet View
Photo of damage to my truck
Relevant section of the police report
Insurance Companies
His: Austin Mutual
Mine: State Farm
Initial Post/Summary 02/06/2009
His car: ~1990 Tercel-looking car
My car: 1998 Dodge Ram 1500 4x4
The 15 year old driver thought he could make it from that driveway/road on the left all the way across to the street on the right. I was driving straight. I saw him as he started coming across and locked up brakes. By the time we connected I managed to only clip his right rear side with my front right. That probably saved him a hospital trip at the least.
He got issued a citation (failure to yield) and I got nothing but I will have to wait until the insurance company opens Monday to find out how much I am screwed (probably 1k in damage and I have a 1k deductible and I can't figure out if I have to pay the deductible or his insurance would).
This is my first accident where police were called and definitely the kids first. He looked about 16/17 (edit: 15) and had recently gotten his graduated drivers license which he will probably lose. I feel bad for him. The darkness and really light drizzle combined with the layout of the road makes that whole area real bad.
Edit: Yes, he had insurance. I filed a claim with his company (Austin Mutual) today, they should be getting back to me on Monday.
- All the plastic pieces there are broken in one spot or another (a lot of them broke where they connect in the wheel well). The plastic housing around and behind the lights is also broken. Estimate is @ $1,200 plus two days in the shop.
Update 2/9: His insurance company gave me a call today and said that they believe I should have been able to avoid the accident (wtf?) so they will only pay 80%. Suggestions? It seems like my options are 1) Take the 80%, 2) File a civil suit (not sure if I would ever get anything), 3) Do it on my own insurance and pay more for my own insurance in the future?
Update2 2/10
Had a nice long chat with my insurance company. The gist of things is that my rates will not be effected regardless. Tomorrow I will give the other insurance company one last call and inform them that they are dealing in bad faith and can deal with me or deal with me, my insurance company, and the state insurance commissioner. If they still don't pay 100% I will file with my insurance company and go from there. I also got a copy of the police report and there is absolutely no indication it was my fault and pretty well indicated that the other guy was fully at fault.
Update 2/13
I called his insurance company today and gave them one last chance. The rep there is now claiming that I hit the REAR of his vehicle. Yeah. I corrected her. She is going to "investigate" but says that based on my statements as well as the other guys that is what she believes happened. I also filed a complaint with the state insurance commissioner against Austin Mutual this afternoon and will be getting a second estimate on Monday just to make sure. Once that is done I will file with my insurance company.
Update 2/16
Got a second estimate today which was at $1,700 which I think is a tad more realistic (the other place was trying to repair everything while this place is just replacing* more of it). They also noticed (and were as dumbfounded as me) a crease in the quarterpanel that the other place missed. Having done that I went and filed a claim with my insurance company and now they can duke it out. And yeah, they said it was a load of crap as well.
* The lower painted plastic piece on the front bumper is about $450 + painting OR sanding/repair costs + painting...would rather just have them not dick around with it.
Update 2/24
So the latest is as follows:
* I received a letter from his insurance company saying that it is every drivers responsibility to be aware of their surroundings and since I did not see the other driver until he was almost on me it was partially my fault.
* My insurance company is taking it to arbitration. They cut me a check for the repairs - my deductible and I ordered my new bumper.
* I filed a complaint with the state insurance commissioner. They have two weeks to respond.
Update 2/26
So someone hit my HOUSE today. Go figure.
Update 3/23
Well I get my new bumper installed tomorrow, so that will be nice.
I spoke with the rep at the state insurance auditor's office and even THEY are getting the runaround. The insurance company took longer to get a reply than they are allowed to take and then their reply was merely a copy of the letter they sent me. He is now going to request the complete copy of their investigation file.
Added bonus: The relevant section of the police report (see top)
I also spoke with my insurance company. I thought they had already sent it to arbitration but were apparently waiting on the last of the bills to come in. Since my bumper gets installed tomorrow (3/24) they should have it at the end of the week. There is a broken light bulb that the adjuster missed the first time. I also suspect that one of the bumper mounts is broken, so it will probably be another $30+ that they will find.
Update 7/1
And it continues....
Austin Mutual continues to jerk everyone around. My insurance company (State Farm) is largely allowing it...giving them a month to respond to every letter and whatnot. Apparently they gave them one last (for the third time) phone call this morning to try to settle it. Austin Mutual is still claiming that I am magically 20% at fault.
Update 9/15
After a lot of blustering and threatening my insurance company (State Farm) decided that it had no balls and settled. So at least I finally got my deductible back 7 months later.
Steet View
Photo of damage to my truck
Relevant section of the police report
Insurance Companies
His: Austin Mutual
Mine: State Farm
Initial Post/Summary 02/06/2009
His car: ~1990 Tercel-looking car
My car: 1998 Dodge Ram 1500 4x4
The 15 year old driver thought he could make it from that driveway/road on the left all the way across to the street on the right. I was driving straight. I saw him as he started coming across and locked up brakes. By the time we connected I managed to only clip his right rear side with my front right. That probably saved him a hospital trip at the least.
He got issued a citation (failure to yield) and I got nothing but I will have to wait until the insurance company opens Monday to find out how much I am screwed (probably 1k in damage and I have a 1k deductible and I can't figure out if I have to pay the deductible or his insurance would).
This is my first accident where police were called and definitely the kids first. He looked about 16/17 (edit: 15) and had recently gotten his graduated drivers license which he will probably lose. I feel bad for him. The darkness and really light drizzle combined with the layout of the road makes that whole area real bad.
Edit: Yes, he had insurance. I filed a claim with his company (Austin Mutual) today, they should be getting back to me on Monday.
- All the plastic pieces there are broken in one spot or another (a lot of them broke where they connect in the wheel well). The plastic housing around and behind the lights is also broken. Estimate is @ $1,200 plus two days in the shop.
Update 2/9: His insurance company gave me a call today and said that they believe I should have been able to avoid the accident (wtf?) so they will only pay 80%. Suggestions? It seems like my options are 1) Take the 80%, 2) File a civil suit (not sure if I would ever get anything), 3) Do it on my own insurance and pay more for my own insurance in the future?
Update2 2/10
Had a nice long chat with my insurance company. The gist of things is that my rates will not be effected regardless. Tomorrow I will give the other insurance company one last call and inform them that they are dealing in bad faith and can deal with me or deal with me, my insurance company, and the state insurance commissioner. If they still don't pay 100% I will file with my insurance company and go from there. I also got a copy of the police report and there is absolutely no indication it was my fault and pretty well indicated that the other guy was fully at fault.
Update 2/13
I called his insurance company today and gave them one last chance. The rep there is now claiming that I hit the REAR of his vehicle. Yeah. I corrected her. She is going to "investigate" but says that based on my statements as well as the other guys that is what she believes happened. I also filed a complaint with the state insurance commissioner against Austin Mutual this afternoon and will be getting a second estimate on Monday just to make sure. Once that is done I will file with my insurance company.
Update 2/16
Got a second estimate today which was at $1,700 which I think is a tad more realistic (the other place was trying to repair everything while this place is just replacing* more of it). They also noticed (and were as dumbfounded as me) a crease in the quarterpanel that the other place missed. Having done that I went and filed a claim with my insurance company and now they can duke it out. And yeah, they said it was a load of crap as well.
* The lower painted plastic piece on the front bumper is about $450 + painting OR sanding/repair costs + painting...would rather just have them not dick around with it.
Update 2/24
So the latest is as follows:
* I received a letter from his insurance company saying that it is every drivers responsibility to be aware of their surroundings and since I did not see the other driver until he was almost on me it was partially my fault.
* My insurance company is taking it to arbitration. They cut me a check for the repairs - my deductible and I ordered my new bumper.
* I filed a complaint with the state insurance commissioner. They have two weeks to respond.
Update 2/26
So someone hit my HOUSE today. Go figure.
Update 3/23
Well I get my new bumper installed tomorrow, so that will be nice.
I spoke with the rep at the state insurance auditor's office and even THEY are getting the runaround. The insurance company took longer to get a reply than they are allowed to take and then their reply was merely a copy of the letter they sent me. He is now going to request the complete copy of their investigation file.
Added bonus: The relevant section of the police report (see top)
I also spoke with my insurance company. I thought they had already sent it to arbitration but were apparently waiting on the last of the bills to come in. Since my bumper gets installed tomorrow (3/24) they should have it at the end of the week. There is a broken light bulb that the adjuster missed the first time. I also suspect that one of the bumper mounts is broken, so it will probably be another $30+ that they will find.
Update 7/1
And it continues....
Austin Mutual continues to jerk everyone around. My insurance company (State Farm) is largely allowing it...giving them a month to respond to every letter and whatnot. Apparently they gave them one last (for the third time) phone call this morning to try to settle it. Austin Mutual is still claiming that I am magically 20% at fault.
Update 9/15
After a lot of blustering and threatening my insurance company (State Farm) decided that it had no balls and settled. So at least I finally got my deductible back 7 months later.