I was in an accident 2weeks ago on the freeway. I was at a complete stop for ~30sec when I was plowed from behind. I was stopped because the car in front of me was stopped as well as ~1000 other cars. I was hit from behind and was pushed into the car in front of me.

Am I liable for the damage done the front of my car? (FYI: The car I hit left the scene immediately). My insurance company is trying to collect a $500 deductible to repair the damage to the front of my car. Is that in accordance with CA law? I cant believe that I could possibly be liable because I pushed from a complete stop.

 

I can't believe a jury would find you liable, either. And in a case like this, the jury IS the law.

I'm not saying you necessarily need to sue somebody to make things right, but if you have to, you have to. Sometimes its the only way to get an insurance company to take you seriously.

I don't practice law in CA, and haven't taken the CA bar exam, but this is simple tort law. Were you negligent? That is, did you fail to exercise reasonable care in the operation of your vehicle? (btw, it's the highest degree of care in operating a motor vehicle here in MO) Doesn't sound like it to me. If your insurance company is handling the repairs, they should be going after payment in full of the cost from the insurance company of the person who hit you from behind. They shouldn't be asking for a penny from you. Don't let them try to screw you.

 

Here is what I know.....
Looks like your insurance company believes that the front damage on your vehicle is previous damage because there is no other car involved(left seen,right??). If there was police report taken, you just pick up the police report and fax that to the insurance company. And how about call the other party(person hit your car) and ask him if he or she can verify that there was another car involved with your insurance company. Was there any witnesses? You just gonna have to prove that there was another car involved and left the seen. Good Luck!!

 

Ok, I work for an insurance company so here is what I can tell you.

If you were hit from behind and pushed into the car in front, you were not at fault. I am assuming you have damage to the rear of your vehicle and you have no ID on the person in front of you. Did the party behind you see that you struck the vehicle in front? Is your insurance company arguing that the damage to the front of your vehicle is old and not fresh damage? Was there a policy report filed that states there was a car in front of you? Why don't you let me know exactly what your insurance company is telling you and the reason why they think the front damage is caused by a separate loss.

Also, even though you are going through your own insurance for the damages to your vehicle, since this accident is considered non-fault, they cannot raise your rates.

 

That's true...
but Sleeper thinks it's not fair that he have to pay his deductible for front damage. I know most of the insurance company will not waive the deductible even though they're sure that the insured is not at fault. But still, they'll reimburse to you later, if it's not your fault.

 

you will have to pay the deductible especially if you want to get your car fixed right away without knowing whom the other party/insurance is and who is really at fault.

when my accord was totalled, i had to pay the deductible until the case was researched...it did not help that it was a hit and run (other party) where the reports are not released till 6 weeks later. i believe i still haven't gotten it back yet but that's probably because my insurance company is having a hard time recovering the $35,000 payout.

technically, a single deductible should have taken care of the entire car unless they deemed it two separate events. and seeing how it was the car behind you that caused the front end damage, you can claim the deductible(s) against him (not the car in front).

 

I was completely stopped in traffic for approximately 30sec. All five lanes beside and ahead of me were completely stopped. It wasnt like I cut in front of the other driver or that I had to make an emergency stop.

The party behind me saw that I struck the vehicle in front of me. My insurance co. claims that in a multiple vehicle collision the person behind you is responsible for your damage. And by the same reasoning I would be responsible for the damage done to the vehicle in front of me as well as the damage to the front of my car. They claim that the damage to the front of my car falls under my collision coverage which has a $500 decuctible. The damage done the rear of my car will be covered by the person who hit me so there is no deductible. Thus, when they sent out an estimator he only did an estimate for the damage to the rear of my car.

However, I just talked to the other parties insurance and if they accept liability they will cover the repairs to both the front and rear of my car. Thats a big relief. The reason they havent accepted liability yet because they still havent recieved a claim from their insured.

Get this. The kid that hit me was only 18 years old and didnt have proof of insurance. His car was completely totalled and undrivable. I tried calling him several times and he never returned any of my calls. After a few days I went to the highway patrol office and obtained the preliminary face sheet to the accident report. I called information and obtained his parents phone number. I called them 3 days after the accident. They were completely unaware that their son had been in an accident. I got the insurance info from them. The also informed me that he had only had the car for two days. I called their insurance and again they were completely unaware that their insured had been in accident. Its now been over two weeks and the kid still hasnt filed a claim. What a pain in the ass.

 

Do I need to file an SR-1 form in addition to the accident report filed by CHP?

 

Dude, you need to file the claim with them. It doesn't matter that he hasn't. You have the police report with his info, so send them a COPY and tell them you want your car fixed. Don't let them jerk you around. And remember you do NOT have to take it to the place they want to get your car repaired you can take it anywhere you want.

By the way who is his insurance company? Some, like Farmers are real a**holes and take forever to settle.

Good Luck!

 

Well, if the car that struck you was pretty smashed up, then there is no reason why your own insurance company is arguing about the front damage. If you were pushed from behind into the car in front of you, then it should all fall under one loss. My guess is that your own adjuster is an inexperienced adjuster, you should definitely call your adjuster's supervisor and discuss this. You can email me anytime if you have more questions.