Help with car insurance

[MaggieTheCat]

I'm wondering if someone with more knowledge than me on car insurance can give me a little advice.

I was in a car accident on Sunday. I already posted about it, but I'll rehash it here with a few more details. I was on a large highway with 5 lines on our side. I was in the second-to-right-most lane and coming up on the exit I needed to take, so I needed to get into the right-most lane. I looked over my shoulder, checked my mirrors, didn't see anyone there. My husband also said it was clear. I turned my signal on and started going right, and there was someone right on top of me. He had to have been going a lot faster than I was. I was going the speed limit, about 60mph, and like I said, he wasn't there when I looked but when I went to change lanes, he was parallel with me. We took each others' mirrors almost off (our passenger side mirror is hanging on by wires) so he was right next to me when we hit.

Nobody is hurt, but I just got off the phone with our insurance company and they said the blame is on me since I was the one changing lanes. It doesn't matter that he was going over the speed limit, because they can't prove it with the information they have. I have the greater responsibility so they're going to pay for the other guys' damages but none of our own. I just don't get this! I am sure the other guy was going a lot faster than we were and was trying to pass me before I merged. He said he must've been in my blind spot, but I checked my blind spot and nobody was there. What I think happened was that he was behind me in my lane, changed lanes to the right, didn't see me put my blink on to go into the right lane myself, and tried to speed past me. But I have no way to prove it.

Is there anything else I can do, or am I basically boned?

[poofy_puff]

It sounds like it is what it is. If you were in my state, that's how it would be.

"Your" insurance doesn't WANT to pay the "other guy's" damages, so if there were any chance it were NOT "your fault", they would be hashing it out with the other guy's insurance, or forcing him to sue THEM ("your" insurance) to pay his damages.

The only recourse you might try is having your husband give an affidavit that he saw that you were clear, but I'm not sure they will consider that because he is prejudicially on your side and was a passenger in your car (as opposed to a "witness" driving an uninvolved vehicle.

The bright side is, this is what insurance is for. Sometimes it is worth paying a bit more premium for collision coverage in cases like this. Looks like you have minimum coverage, for liability only.

I put things in quotes above for the purpose of generalization.

[MaggieTheCat]

They said we do have collision coverage, for what it's worth.

[poofy_puff]

I don't know how your policy works, but with mine, I have full coverage. If the accident is my fault, or if it's like damage that occurred while I was parked and away from the scene, my insurance will pay, but I would just have to pay the deductible. So, if you "have collision coverage", your insurance SHOULD pay even if it was your fault. If it were the OTHER guy's fault, HIS insurance would have to pay YOUR damages.

I don't know what it's like in Texas - is automobile insurance mandatory? It is mandatory in Massachusetts, but not in New Hampshire. So, if someone from NH totaled my car for me and they didn't have insurance, then MY insurance would only pay for my damages if I carried collision. Then, they would have to go after whoever hit me to get their money back.

Whatever the case with your policy, it DOES sound like you were technically at fault even if the other guy was "really" at fault.

[MaggieTheCat]

Car insurance is mandatory down here. I just don't really know much about car insurance in general. I called the insurance person back who's handling our claim and she said we do have collision coverage. We have a $1000 deductible though so we have to pay that first. My husband didn't think the damages will exceed that anyway, and the insurance person couldn't give me a quote over the phone (understandable.) I guess I understand why it's "technically" my fault. It still sucks though.

[poofy_puff]

$1000 deductible, ouch. Mine is only $300.

I have Commerce Insurance, and they are pretty good about customer service and paying claims. Don't know if they serve your area though! Their HQ are in Mass.

[Dips]

When I read your first post I was afraid this would be the case since you said you were changing lanes (which means you didn't have the right of way). Unless you can prove the other driver did something illegal the person changing lanes is pretty much going to be found at fault automatically. It sounds likely he did do something illegal but there's no way to prove it which sucks.

I know it hurts, but if you didn't have insurance you'd have to pay the other driver's bills too. That would be worse.

[MergedLoki]

Basically get a quote for damages and if it's OVER $1000 (the deductible) then your insurance will pay the difference.

However in either case, sadly, your insurance rating will go up.

dont' want to thread hijack but other than being twatwaffles anyone have a legitament reason why when in an accident even if it's NOT your fault you are 100% innocent insurance rates for you STILL go up? (Or is it literally just corporate fat cat greed?)

[poofy_puff]

Yup. Sort of.

Last December after it snowed, the next day I was driving and I spun out on a patch of black ice. Thankfully, I was the only vehicle involved, but there was over $5000 damage to my truck http://www.youtube.com/watch?v=m23W6yOqMwI

I got a letter from my insurance and the CommonWealth of Massachusetts saying that when there is only one vehicle involved in a collision, that vehicle is automatically presumed to be 100% at fault, and when there is more than a certain dollar amount of damage, they do add points to your license. I had 4 points added to my previously perfect score.

But it gets even better.

One is allowed to contest this at a hearing if one believes that there were circumstances such as INCLEMENT WEATHER that might have contributed to the accident despite the fact that one is driving safely. All you have to do is send in the form and a check for $50 to request said hearing. I did that, and a month or two later, received a postcard that said to the effect, "Due to the high volume of requests we are experiencing, we cannot provide you with a hearing date at this time. You will receive another notice at some point within the next 12 to 24 months. See ya, wouldn't wanna be ya." Of course, I'm paraphrasing. I don't have the card in front of me. It's at home and I'm at work.

The end.

[drunkenwildmage]

dont' want to thread hijack but other than being twatwaffles anyone have a legitament reason why when in an accident even if it's NOT your fault you are 100% innocent insurance rates for you STILL go up? (Or is it literally just corporate fat cat greed?)

yah...I've seen it.. My Dad lives in the Michigan, and they have what is called "no fault" insurance. Basically, no matter who causes the crash, or who gets a ticket, you are still financially responsible for repairs on your car. He's had 2 incidents with his currant car (07 Porsche Cayman)

1) Was going on one of the back roads, and was getting tailgated by someone driving a Pontiac Grand Prix. Came to a stop light, stopped, and as the light turned green, the other car decided not to wait for my Dad to take off, and ran into the back of him. As the cops where showing up, the other guy was tossing empty beer cans from the front floor board of the car. That guy got cited for Failure to assure safe distinct, and open container laws, but not dui because the cops claimed they couldn't prove it.

2) Was doing some research in a small town library, was parked in the library/municipal building/police parking lot. The first thing he did when get got there was go to the bathroom. When he was walking out of the bathroom, the first thing he heard was some lady upset because "I backed into the Porsche in the lot"!! ..My dad WASN"T even in the car when this happened.


In both cases because of the No fault laws, he had to claim it on is insurance, and was told by his agent the 2nd time, his rates are going up because of the claims.

[MaggieTheCat]

We're locked in to a 6 month contract with them, anyway, since we just got a new insurance policy when we got married, so it doesn't matter for the moment. They also sent us a device that we can install in the car that monitors our overall driving and they'll lower our rates if we stay within the speed limit, etc. So we're hoping by the time the 6 months is up, the accident and the good driving thing will just cancel each other out.