Auto Insurance Question

[mcgrawfsu]

Someone rear-ended me this weekend on the Turnpike in Orlando. It was stop and go and this guy towing a trailer comes barreling through, locks up his tires, plows into 3 cars, then nicks my left rear bumper. It was enough to wreck the bumper, break the taillight, and dent the rear left panel. The other driver was cited for careless driving and listed first on the accident report.

He has State Farm, I have AllState. State Farm easily opened the claim when I contacted them, but they won't process the claim until the actually speak to the other driver. This guy is impossible to get on the phone and doesn't have a voicemail. They said they won't move forward until they have tried reaching him for a week. He offered up that I could go through my insurance, pay my deductible, begin the repair process, then AllState would bill State Farm once they determine the liability.

For those in the insurance business, would filing through my own policy be the best course of action here? This would be my first claim and I don't want to see my rates increase if I don't have to. At the same time, I don't want to wait another week to get my vehicle into a repair shop.

 

[TennNole17]

Go through your carrier

 

[OrlandNole]

You should be able to go through your carrier, who will then subrogate, at no penalty to you.

That said, I’m always nervous about filing any type of claim on my policy.

 

[Gonolz]

You should be able to go through your carrier, who will then subrogate, at no penalty to you.

That said, I’m always nervous about filing any type of claim on my policy.

I'm nervous about filing claims too. These companies are not transparent about when and why your rates increase. I'll tell you what I did once.

The wreck was his fault. He, coincidentally, had State Farm. Guy lies to State Farm and says I was partially at fault. I have witnesses to the contrary, but State Farm does not want to pay for 100% of my damages. I talk to my insur co and they say they will pay my repairs, less my $1k deductible, and go after State Farm. The problem I had with that was that if my Co settled for anything less than 100%, (1) it would come out of my deductible first and (2) that would put partial fault on me, allowing my Co to up my rates. My Co had no incentive to fight the last $1,000 of the claim and actually had an incentive not to do so.

I decide to argue with State Farm, produce the witness statements, a statement from the police and other stuff. They tried to jerk me around, so I gave them a deadline and said I would be filing a lawsuit if not met and tacking on $25k more for pain and suffering. On the day of my deadline, they agreed to 100% of damages plus my rental car expenses.

To OP, if you have the means to pay for your repairs yourself, I would get the repairs started and deal with State Farm before going to Allstate. They are only asking for a week which doesn't seem unreasonable. Alternatively, you could rent a car and tack that on to the damages you seek from State Farm.

 

[62Nole]

Were you carrying? You could have taught the son-of-gun a lesson on the spot........... or on the turnpike.

 

[mcgrawfsu]

Thanks everyone. I started a claim with AllState just in case SF jerks me around. I called a repair shop that is a preferred shop by both companies. The owner (a friend of mine) told me to just wait for SF to settle the liability. He said Allsate REQUIRES them to use after-market parts when available, whereas, SF PROHIBITS them from using after-market parts.

He also mentioned that Allstate would put me in a compact car and SF would put me in a comparable luxury SUV since they will be on the hook for damages.

 

[BarryB1081]

Thanks everyone. I started a claim with AllState just in case SF jerks me around. I called a repair shop that is a preferred shop by both companies. The owner (a friend of mine) told me to just wait for SF to settle the liability. He said Allsate REQUIRES them to use after-market parts when available, whereas, SF PROHIBITS them from using after-market parts.

He also mentioned that Allstate would put me in a compact car and SF would put me in a comparable luxury SUV since they will be on the hook for damages.

If the at-fault driver has a non-commercial policy (you mention a truck and trailer) he may only have 10k in property damage coverage. If there are a total of 4 vehicles involved, you are going to be battling for your piece of the relatively small pie. Ask his carrier how much property damage coverage he has. If it's limited relative to the total property damage involved, go through your own collision coverage and let your carrier fight that battle.

Also, FYI, here's the statutory section prohibiting premium increases and non-renewals for a single accident you are involved in that is not your fault where you make a claim, including under your own collision coverage:

626.9541 Unfair methods of competition and unfair or deceptive acts or practices defined.--

(o) Illegal dealings in premiums; excess or reduced charges for insurance.--

......
3.

a. Imposing or requesting an additional premium for a policy of motor vehicle liability, personal injury protection, medical payment, or collision insurance or any combination thereof or refusing to renew the policy solely because the insured was involved in a motor vehicle accident unless the insurer's file contains information from which the insurer in good faith determines that the insured was substantially at fault in the accident.

b. An insurer which imposes and collects such a surcharge or which refuses to renew such policy shall, in conjunction with the notice of premium due or notice of nonrenewal, notify the named insured that he or she is entitled to reimbursement of such amount or renewal of the policy under the conditions listed below and will subsequently reimburse him or her or renew the policy, if the named insured demonstrates that the operator involved in the accident was:

(I) Lawfully parked;

(II) Reimbursed by, or on behalf of, a person responsible for the accident or has a judgment against such person;

(III) Struck in the rear by another vehicle headed in the same direction and was not convicted of a moving traffic violation in connection with the accident;

(IV) Hit by a "hit-and-run" driver, if the accident was reported to the proper authorities within 24 hours after discovering the accident;

(V) Not convicted of a moving traffic violation in connection with the accident, but the operator of the other automobile involved in such accident was convicted of a moving traffic violation;

(VI) Finally adjudicated not to be liable by a court of competent jurisdiction;

(VII) In receipt of a traffic citation which was dismissed or nolle prossed; or

(VIII) Not at fault as evidenced by a written statement from the insured establishing facts demonstrating lack of fault which are not rebutted by information in the insurer's file from which the insurer in good faith determines that the insured was substantially at fault.

c. In addition to the other provisions of this subparagraph, an insurer may not fail to renew a policy if the insured has had only one accident in which he or she was at fault within the current 3-year period. However, an insurer may nonrenew a policy for reasons other than accidents in accordance with s. 627.728. This subparagraph does not prohibit nonrenewal of a policy under which the insured has had three or more accidents, regardless of fault, during the most recent 3-year period.

 

[Bill From Tampa]

Personally I would give it a little more time before going through your carrier. Unless your car is not driveable. SOP for the insured's carrier to contact the driver but they won't let it go on infinitely.

 

[mcgrawfsu]

The other drivers never stopped. That part is weird. They had to have much more damage than I did, but they just kept going. State Farm said the guy does have $10k in coverage and that is applied to my vehicle first. SF has also escalated the claim since the other guy isn't calling them back. They said they would have liability established by tomorrow or early next week.

 

[BarryB1081]

The other drivers never stopped. That part is weird. They had to have much more damage than I did, but they just kept going. State Farm said the guy does have $10k in coverage and that is applied to my vehicle first. SF has also escalated the claim since the other guy isn't calling them back. They said they would have liability established by tomorrow or early next week.

That is very strange. You've got high hand with SF. Let them take care of it, including any rental necessary while your vehicle is being repaired.

 

[Noleguy06]

Let your carrier handle it.