[PelotonToPodium]

It was just a matter of when, not if, here in Los Angeles!

Background: I was travelling in furthest left lane on a 50mph street approaching a red light. Lots of backed up traffic due to 8am rush. Other driver was perpendicular to my right, at a posted stop sign and made a right turn, cutting across all 3 lanes (he likely was trying to get into left turn lane) into mine. Due to traffic backup, he probably was fed up waiting, and floored it out of the stop sign. We made contact at his apex, after I SLAMMED on my brakes. I could not swerve left to avoid due to raised median. We both pulled into a plaza. He was coporative but overall weird guy...didn't say much. I made sure to ask 2x if he was ok or hurt, both confirmed no injuries. He also admitted fault, saying "yeah, i just didn't see you".



My insurance has authorized repair, but has informed I will be responsible for my 1k deducticle when I pick up. I will be reimbursed this deductible pending payment/resolution from other driver's insurance.

1. Is this standard procedure? It seems weird that I should have to pay upfront, if in fact insurance finds him at 100% fault.

2. I plan to bring into shop next monday. Since accident responsibility is still pending, is there any downside to me repairing and paying 1k upfront before fault is decided?

3. If other driver is at fault but does not have liability, will I be responsible for entire deductible?

4. Based on given info, is there posiblity for some fault to fall onto me?

5. No dashcam, I did not record our conversation. Is there anything I should be aware of if this guy ends up switching his story or "Oww my neck"-ing to his insurance?

Apologies for so many questions, this is my first accident involving another driver / insurance and I know many of you have good experience working through these issues. I just want my baby back...in perfect condition!

[vooonoo]

First mistake no police report, In LA i dont know if they would've came though.

There's two things that usually happen 1. your insurance will cover everything even the deductible since you're not at fault, then they sue the driver at faults insurance. It's weird that they're making you pay a deductible for an accident you're not at fault.
2. You put a claim in through his insurance and you don't worry about anything.

2 is the better route

[larcoc]

from experience. if your car needs major repairs always call the police. for small things both drivers should just call insurance on the spot.

[Calvin36]

If you wanted to fix the car ASAP, you'd go through your own insurance which is why you pay the deductible. If you go through his insurance it might take a bit longer for you to get the money to fix, but you wouldn't need to worry about the deductible. The other driver, I assume, has insurance so at a minimum he must have liability insurance to pay you out. When insurance companies decide the fault, it usually is never 100% someone at fault unless the driver admits full responsibility. They'd probably try to make it 10/90 or some odd thing like that if they have to debate. I feel like if he's the one at majority fault, he's liable for his own bodily injuries, not you.

[5ilver-5amurai]

1. Is this standard procedure? It seems weird that I should have to pay upfront, if in fact insurance finds him at 100% fault.
I think this is fairly standard.

2. I plan to bring into shop next monday. Since accident responsibility is still pending, is there any downside to me repairing and paying 1k upfront before fault is decided?
I would personally wait until fault is decided before I begin repairs. I feel like you lose a bit of the high ground if insurance starts to d*ck around with you. They know that you'd rather pay the 1k deductible over a total bill of 10k.

3. If other driver is at fault but does not have liability, will I be responsible for entire deductible?
No, I would assume that your insurance would cover you. Regardless of how terrible his insurance is, your insurance is there to protect you.

4. Based on given info, is there posiblity for some fault to fall onto me?
In most cases, the car hitting from the rear is found to be partially, if not fully, at fault. That being said, you have a very strong argument to be found 0% at fault because you were driving in your lane and the other driver was the one entering your lane. Outside of common courtesy, I don't believe you have any reason to yield to this driver attempting to enter your lane from his stop sign. It is the onus of this driver to merge safely by yielding until he has a safe gap to enter.

5. No dashcam, I did not record our conversation. Is there anything I should be aware of if this guy ends up switching up his story or "Oww my neck"-ing to his insurance?
I would file a police report as soon as possible. Most insurance companies (at least up here in Canada) will not honour your claim unless you have a police report to back it up. They can probably assess the amount of injury that would have been sustained to a person by the amount of damage done to the vehicle. Even if he does cry wolf - i'm confident that you won't be found at fault and he will have his own battle to wage with his insurance company.

[PelotonToPodium]

Good info, thanks everyone. Police do not come out here in LA/OC unless there are injuries. Other driver did have insurance, which is good.

Calvin36 Interesting point regarding insurance companies deciding fault. I know my insurance listed me at zero fault, and it was my assumption that it would be in our best interest to fight for that. Then again, I have no idea how the internal dispute process works if the other party's insurance balks. Do drivers even get an additional say at that point?

[Hammer Werke]

Damn...sucks. What street was it? Same shit almost happened to my last night at rush hour on Wilton.

[Blubaron79]

A lot of places will make you pay the deductible when it's finished. That's what I just went through at my dealer.

[PelotonToPodium]

Originally Posted by 5ilver-5amurai

2. I plan to bring into shop next monday. Since accident responsibility is still pending, is there any downside to me repairing and paying 1k upfront before fault is decided?
I would personally wait until fault is decided before I begin repairs. I feel like you lose a bit of the high ground if insurance starts to d*ck around with you. They know that you'd rather pay the 1k deductible over a total bill of 10k.

My thoughts exactly. Thing is, I was advised by claims rep to begin repair now so they can begin the subrogation process. In theory, it makes sense that my insurance would need to have the full repair amount billed in order to go after this guy. Unless, determining fault and subrogation are seperate procedures. Would love to learn more about this process (more out of curiosity) given how internal it seems.

[Calvin36]

Originally Posted by PelotonToPodium

Good info, thanks everyone. Police do not come out here in LA/OC unless there are injuries. Other driver did have insurance, which is good.

Calvin36 Interesting point regarding insurance companies deciding fault. I know my insurance listed me at zero fault, and it was my assumption that it would be in our best interest to fight for that. Then again, I have no idea how the internal dispute process works if the other party's insurance balks. Do drivers even get an additional say at that point?

TO my knowledge, no. That's why you need to make sure the other guy admits complete fault or they'll never do 100% at fault. But either way, the person more at fault will have to pay out anyway I believe.

[Billfitz]

Vis a vis fault, if the other guy's insurance accepts responsibility they'll pay your insurance company, who'll pay you the deductible. If they don't then your insurance company will sue them if they feel they have a good case. If they don't you'll have to do it yourself, usually in small claims court. Typically you'd sue the other driver, and if he's found at fault then his insurance company has to pay. The fault here is obvious, the stop sign means you had the right of way.

[FastF30]

California is a "fault" state... which means you have to "prove" that it was the other persons fault before their insurance pays for it... police report would settle this but your too late for that...

[MSCD]

Good luck. I had a recent similar accident. Called police - they put fault on her. She had a suspended license. In her sisters car which was insured. Her insurance suggested part fault on me... my insurance had 100% other party at fault so sent to arbitration. This was around the impact point on her car... ended up 70% on her. My rates may be affected, but in the system shows 100% non fault.

I work for an insurance co (not auto) and spoke to some colleagues that came from auto and they told me that there is a fault assessment officer that all these claims go to. The process sucks but they rarely accept 100% unless it's a rear end accident.

I hope yours doesn't end that way. Get the car done through your insurance and let them work the process.

[PelotonToPodium]

Originally Posted by FastF30

California is a "fault" state... which means you have to "prove" that it was the other persons fault before their insurance pays for it... police report would settle this but your too late for that...

Thank you for the tip. I was always under the assumption that in CA, specifically OC/LA, LEO does not deal with collisions unless a person is injured. For future knowledge, if contact minor/major, still call and try to get a report?

[cfm56d7b]

This incident is another (very unfortunate of course) data point why dash cams are a necessity in today's world.

[PelotonToPodium]

Originally Posted by cfm56d7b

This incident is another (very unfortunate of course) data point why dash cams are a necessity in today's world.

Oh trust, Blackvue is getting installed first thing when I pick her up from the shop.

[cfm56d7b]

Same here. BlackVue DR750S-2CH with Cellink NEO battery will be installed next week.

[Calvin36]

Originally Posted by cfm56d7b

This incident is another (very unfortunate of course) data point why dash cams are a necessity in today's world.

That's most definitely true.

[2000Z3M]

pics?

[tex2670]

Originally Posted by PelotonToPodium

It was just a matter of when, not if, here in Los Angeles!

Background: I was travelling in furthest left lane on a 50mph street approaching a red light. Lots of backed up traffic due to 8am rush. Other driver was perpendicular to my right, at a posted stop sign and made a right turn, cutting across all 3 lanes (he likely was trying to get into left turn lane) into mine. Due to traffic backup, he probably was fed up waiting, and floored it out of the stop sign. We made contact at his apex, after I SLAMMED on my brakes. I could not swerve left to avoid due to raised median. We both pulled into a plaza. He was coporative but overall weird guy...didn't say much. I made sure to ask 2x if he was ok or hurt, both confirmed no injuries. He also admitted fault, saying "yeah, i just didn't see you".



My insurance has authorized repair, but has informed I will be responsible for my 1k deducticle when I pick up. I will be reimbursed this deductible pending payment/resolution from other driver's insurance.

1. Is this standard procedure? It seems weird that I should have to pay upfront, if in fact insurance finds him at 100% fault.

Yes. "If" the other driver is found at fault. If no one was hurt, the ins cos may not work at lighting speed to resolve. I had an accident a few years ago, and it took weeks for the other driver's company to finally return calls--once that happened, they admitted fault immediately.

Originally Posted by PelotonToPodium

2. I plan to bring into shop next monday. Since accident responsibility is still pending, is there any downside to me repairing and paying 1k upfront before fault is decided?

You don't really have much choice at this point. Once you go through your own insurance, that's how it works. Your insurance company isn't going to front the $$ for you, after the repair is done, but before they collect from the other driver's ins co.

Originally Posted by PelotonToPodium

3. If other driver is at fault but does not have liability, will I be responsible for entire deductible?

Yes.

Originally Posted by PelotonToPodium

4. Based on given info, is there posiblity for some fault to fall onto me?

Were you speeding?

Originally Posted by PelotonToPodium

5. No dashcam, I did not record our conversation. Is there anything I should be aware of if this guy ends up switching his story or "Oww my neck"-ing to his insurance?

This is why it's always best to have the cops come to the scene. They would write down any statements like that in their report. It's now your word vs his without a police report.

[NormanConquest]

Originally Posted by PelotonToPodium

It was just a matter of when, not if, here in Los Angeles!

Background: I was travelling in furthest left lane on a 50mph street approaching a red light. Lots of backed up traffic due to 8am rush. Other driver was perpendicular to my right, at a posted stop sign and made a right turn, cutting across all 3 lanes (he likely was trying to get into left turn lane) into mine. Due to traffic backup, he probably was fed up waiting, and floored it out of the stop sign. We made contact at his apex, after I SLAMMED on my brakes. I could not swerve left to avoid due to raised median. We both pulled into a plaza. He was coporative but overall weird guy...didn't say much. I made sure to ask 2x if he was ok or hurt, both confirmed no injuries. He also admitted fault, saying "yeah, i just didn't see you".



My insurance has authorized repair, but has informed I will be responsible for my 1k deducticle when I pick up. I will be reimbursed this deductible pending payment/resolution from other driver's insurance.

1. Is this standard procedure? It seems weird that I should have to pay upfront, if in fact insurance finds him at 100% fault.

2. I plan to bring into shop next monday. Since accident responsibility is still pending, is there any downside to me repairing and paying 1k upfront before fault is decided?

3. If other driver is at fault but does not have liability, will I be responsible for entire deductible?

4. Based on given info, is there posiblity for some fault to fall onto me?

5. No dashcam, I did not record our conversation. Is there anything I should be aware of if this guy ends up switching his story or "Oww my neck"-ing to his insurance?

Apologies for so many questions, this is my first accident involving another driver / insurance and I know many of you have good experience working through these issues. I just want my baby back...in perfect condition!

1. Yes it standard if you get your insurance involve only way to bypass is to go straight thru his insurance

2. Only downside is not getting the 1k back

3. Not of call law but nj require liability

4. Nope, you had control of lane and he did an improper lane changes and turning while ignoring oncoming traffic

5. Will be his statement vs your and impact of damage. Your story lines up with damage I don't know how he can fluff up the story to put himself in the right.

[PelotonToPodium]

Update: Got a call today from my claims informing that the other party's Adjuster would like to get a statement from me. She gave me the contact info and mentioned this step was completely optional, however, "may speed up the progress of things, if it ends up that the other driver is being dodgy with his story...". She was also clear in reminding that the subrogation and claim 0% fault will proceed as planned; this statement request was initiated by other party.

Anyone care to provide some insight? My gut tells me to look the other way. I've given my recorded statement already and don't see any benefit to this. Given the background info, I obviously have nothing to hide or twist...just want to make sure this dude pays my $1k.

Thanks everyone!