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Car crash and insurance damage limits. by sourmash
Started on: 01-12-2022 06:27 PM
Replies: 33 (282 views)
Last post by: Jake_Dragon on 01-23-2022 11:42 AM
sourmash
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Report this Post01-12-2022 06:27 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
A stupud kid hit me last year and PIT maneuvered me into another vehicle, which caused that vehicle to flip. He hit another truck too.

Does the stupid kid's vehicle damage get included in the 15k limit?
I had liability insurance only. Will my under-insured portion pick up the remainder if the damage limit is reached on the kid's policy?

I have 5k of medical now and need physical therapy and possibly surgery for an injury.
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Report this Post01-12-2022 07:27 PM Click Here to See the Profile for blackramsClick Here to Email blackramsSend a Private Message to blackramsEdit/Delete MessageReply w/QuoteDirect Link to This Post
Without reading your policy and knowing your state's laws/regulations. Impossible for me to say.
Uninsured motorist will normally only apply if, someone doesn't have insurance (I believe) YMMV

Rams
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Report this Post01-12-2022 07:34 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
Yeah, I know it's state specific.

But underinsured is what I'm curious about. Not uninsured.
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Lambo nut
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Report this Post01-12-2022 09:07 PM Click Here to See the Profile for Lambo nutSend a Private Message to Lambo nutEdit/Delete MessageReply w/QuoteDirect Link to This Post
Plain and simple, you need a lawyer.
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Report this Post01-12-2022 09:09 PM Click Here to See the Profile for fierofoolClick Here to visit fierofool's HomePageClick Here to Email fierofoolSend a Private Message to fierofoolEdit/Delete MessageReply w/QuoteDirect Link to This Post
In some states, the person at fault (stupid kid?) is responsible for all damage resulting from the accident unless there was contributory negligence. Once the limits of the party at fault are met, it often goes to civil damages, meaning you would have to file suit to recover.
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Report this Post01-13-2022 12:06 AM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
Alright, well, his insurance said he lied to them about hitting me at all. Maybe they just said that to deny liability. They still denied when I provided pics of his car with my car's paint on it. Had to go to a supervisor's supervisor to get them to reconsider and accept. Took forever.

Crash was violent. Full air bag deployment in my car.
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Report this Post01-13-2022 01:42 AM Click Here to See the Profile for FatsClick Here to Email FatsSend a Private Message to FatsEdit/Delete MessageReply w/QuoteDirect Link to This Post
Like Lambo said, you need a Lawyer. He will get a large portion, but the amount you get is more than you are going to get at this point.
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Report this Post01-13-2022 08:27 AM Click Here to See the Profile for Lambo nutSend a Private Message to Lambo nutEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by sourmash:

Alright, well, his insurance said he lied to them about hitting me at all.


And that is exactly why you need a lawyer. We just went through this crap last spring when a guy at fault totaled my sons car by crossing in front of him from the other direction. Their insurance (Trexis Insurance) tried to put 80 % of the blame on my son. Wasn't until we had a lawyer that set a court date and told them we had statements from two witnesses that they finally paid.
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sourmash
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Report this Post01-13-2022 08:53 AM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
Thanks for the advice. The lawyer interviews will begin.
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Report this Post01-13-2022 12:11 PM Click Here to See the Profile for Jake_DragonSend a Private Message to Jake_DragonEdit/Delete MessageReply w/QuoteDirect Link to This Post
I would suggest that any future cars have video cameras installed. Takes the guess work out of who did what.
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Report this Post01-13-2022 12:41 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
Absolutely, get a dash cam. Do not hesitate! Your insurance company won't help you as in the past they might have.

This kid absolutely lied about one thing I know of. He said he wasn't able to stop in time and veered to the right a little too far. Bullchit. He absolutely made a spontaneous lane change from his stopped lane into my lane because my lane was clear. I was the only one in it until he struck my left rear door as I passed by.
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Report this Post01-13-2022 03:51 PM Click Here to See the Profile for theogreClick Here to visit theogre's HomePageSend a Private Message to theogreEdit/Delete MessageReply w/QuoteDirect Link to This Post
Yup, need a lawyer because will get sued or sue.
Check your policy or call the agent... may cover your lawyer when sued by roll over car people.

Deepening on state, I-co limits does not mean "kid" won't pay more when sued. If "kid" lives at parent(s) home, likely they have legal problems now too.

Dash cams are good but have some issues...
How installed can matter. Many installs can be a ticket magnet because "blocking views" out of windshield.
Most have audio and often turn off by Default... Because that feature can cause "anti bugging" problems in many places when turn on.

I use smaller D-cams mounted behind rear-view mirror so stop the first issue. (EZpass et al often says same install for same reason.)

Audio "Anti Bugging" laws (Often under Wire Tapping laws) depend on state/country where recorded. Maybe 100% legal at home but drive in/thru another state/country and charge w/ bugging crimes.

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Lambo nut
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Report this Post01-13-2022 06:36 PM Click Here to See the Profile for Lambo nutSend a Private Message to Lambo nutEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Jake_Dragon:

I would suggest that any future cars have video cameras installed. Takes the guess work out of who did what.


This^^^

I had cams in a couple.of them.
All of our vehicles have dash cams now.
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steve308
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Report this Post01-13-2022 07:11 PM Click Here to See the Profile for steve308Send a Private Message to steve308Edit/Delete MessageReply w/QuoteDirect Link to This Post
Was he vaccinated? But seriously, call your insurance company let them handle it. Insist you are kept informed and don't sign off on anything.
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blackrams
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Report this Post01-13-2022 07:22 PM Click Here to See the Profile for blackramsClick Here to Email blackramsSend a Private Message to blackramsEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by steve308:

Was he vaccinated? But seriously, call your insurance company let them handle it. Insist you are kept informed and don't sign off on anything.

That's funny, don't care who U R............

Reference that dash cam, I have one also but, it doesn't face the rear, it's pointed forward. In this sourmash's case, it doesn't sound like it would have made a difference (maybe).

Rams
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Report this Post01-13-2022 07:29 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
It would've saved me a lot of time. It would've caught the kid entering my lane from the stopped line of traffic. I couldn't evade him because there could've been a car in that lane I would've had to go to. That lane has 2 lanes merging from an interstate bypass.

I had to maintain my lane and hope he braked. Almost got by him.

A camera would've caught the car getting PIT'ed and that the flipped car was also part of the crash. The kid was letting insurance think we were a separate crash he wasnt involved in. BTW, his car has 2 impact points, 1 on each fender, and GEICO tried claiming it was all from 1 vehicle.
So, they were going to lose in court, in my opinion.

[This message has been edited by sourmash (edited 01-13-2022).]

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Report this Post01-13-2022 07:35 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by steve308:

Was he vaccinated? But seriously, call your insurance company let them handle it. Insist you are kept informed and don't sign off on anything.


I'll have to ask if he's injected in court, I guess.

My insurance said, tough chit. You shoulda bought comprehensive. It's you problem. Zero help. None.
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Report this Post01-13-2022 07:38 PM Click Here to See the Profile for blackramsClick Here to Email blackramsSend a Private Message to blackramsEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by sourmash:


I'll have to ask if he's injected in court, I guess.

My insurance said, tough chit. You shoulda bought comprehensive. It's you problem. Zero help. None.

Suing him and his insurance appears to be your only option. I assume your liability only insurance also covers some medical also.

Rams
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Report this Post01-13-2022 07:48 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
Mine covers $1000 only, but his will cover my current medical expenses in total. I think it's plenty to cover my current and needed expenses. If we can get in agreement.

I think underinsured property damage coverage will pick up the remainder of value now that GEICO acquiesced on liability. There are 5 damaged or totaled vehicles, so it's going over his limit almost certainly.

That's my underinsured coverage that will kick in for my car if his doesn't cover us all fully. His will pay everyone a percentage if the limit is hit.

[This message has been edited by sourmash (edited 01-13-2022).]

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Lambo nut
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Report this Post01-13-2022 09:41 PM Click Here to See the Profile for Lambo nutSend a Private Message to Lambo nutEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by sourmash:

My insurance said, tough chit. You shoulda bought comprehensive. It's you problem. Zero help. None.


Yep same here. We didn't have comp. If we had, our insurance would have paid us for our totaled vehicle and we would be whole and THEY would have gone after the other insurance.

A dash cam may have saved us from getting a lawyer but not 100% sure on that. Have since talked to two other people that had cameras and things were still not as cut and dry as they had hoped.
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Report this Post01-14-2022 02:40 AM Click Here to See the Profile for Jake_DragonSend a Private Message to Jake_DragonEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by blackrams:

That's funny, don't care who U R............

Reference that dash cam, I have one also but, it doesn't face the rear, it's pointed forward. In this sourmash's case, it doesn't sound like it would have made a difference (maybe).

Rams


Front and rear facing cameras, front facing camera is built into the rearview and replaces the mirror.
it does record sound but I turned it off.
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Report this Post01-14-2022 03:37 AM Click Here to See the Profile for randyeClick Here to visit randye's HomePageSend a Private Message to randyeEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Jake_Dragon:

I would suggest that any future cars have video cameras installed. Takes the guess work out of who did what.



I'll go a step further and suggest that auto insurers should give a policy discount for having recording camera(s) installed.

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Report this Post01-14-2022 07:49 AM Click Here to See the Profile for blackramsClick Here to Email blackramsSend a Private Message to blackramsEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by randye:


I'll go a step further and suggest that auto insurers should give a policy discount for having recording camera(s) installed.


I'm all for discounts that help define and explain such accidents. I'm not so fond of those devices that track vehicles and report on such things as hard braking, hard cornering, speeding and acceleration but, I guess you have to take the good with the bad.

Rams
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Report this Post01-14-2022 09:40 PM Click Here to See the Profile for theogreClick Here to visit theogre's HomePageSend a Private Message to theogreEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by blackrams:
Reference that dash cam, I have one also but, it doesn't face the rear, it's pointed forward. In this sourmash's case, it doesn't sound like it would have made a difference (maybe).
Dual/multi cameras are nice but even tho front camera doesn't see the actual impact, will show time and what happen after.

You get "pitting" then front camera still shows you didn't do anything to hit other(s).
Once "pitted" then car is basically same problems when drive and hitting ice patch w/o studs or chains. You're often just along for whatever ride to the end.

Many w/ rear cameras have problem w/ way too much wire between for small cars worse for Fiero.
Others w/ both in one unit are mainly to show things in the cabin or just the driver. Some might work in a Fiero cabin and back of car because cabin is so small.

Most Dual cameras shorten record time for given SDcard size. You likely need max SDcard the device supports to record a few hours.

Note: Dash cams w/ GPS also set time automatically. W/o that... you have to check time/date regularly. Don't trust backup battery/cap to keep up for days or longer w/o having them full on. + Batteries don't last long in high heat for cars parked outside. Why many use capacitors instead. Then add +/- hour twice a year.
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Report this Post01-14-2022 09:48 PM Click Here to See the Profile for FatsClick Here to Email FatsSend a Private Message to FatsEdit/Delete MessageReply w/QuoteDirect Link to This Post
To add to Ogres post.

Many people in the trucking world don't run GPS on their dash cameras. The information it stores could be used against you, or at the very least cause you to not win a lawsuit because it shows you breaking some law prior to the accident, or during the accident.

Remember, if you have a dash cam and go to court, the other side can use the camera as well.

It's also advised to not have sound recording, especially if you tend to have "outbursts" such as cursing or commenting about other drivers doing stupid stuff as this could lead to them saying you have "road rage".

Just better to cover your bases.
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Report this Post01-15-2022 03:04 PM Click Here to See the Profile for Lambo nutSend a Private Message to Lambo nutEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by Fats:

To add to Ogres post.

Many people in the trucking world don't run GPS on their dash cameras. The information it stores could be used against you, or at the very least cause you to not win a lawsuit because it shows you breaking some law prior to the accident, or during the accident.

Remember, if you have a dash cam and go to court, the other side can use the camera as well.

It's also advised to not have sound recording, especially if you tend to have "outbursts" such as cursing or commenting about other drivers doing stupid stuff as this could lead to them saying you have "road rage".

Just better to cover your bases.


I usually drive a 2015 Mustang 5.0 with a phase 2 supercharger setup. I do NOT have gps on my cam...
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Report this Post01-16-2022 12:46 AM Click Here to See the Profile for theogreClick Here to visit theogre's HomePageSend a Private Message to theogreEdit/Delete MessageReply w/QuoteDirect Link to This Post
Yup,
D-cams are two edge swords... (So are Cell Phones and more w/ or w/o GPS.)
Can help you or hunt you. More so if other side sees all of data recorded for many reasons.

This generally sums up using them from Lehto's Law The Legalities of Dash Cams https://www.youtube.com/watch?v=KM4JuH9EV8k

Plus Video and Audio recording can "leak" to MSM and public too trying to label as racist etc.

Suing or Court Sealing after won't matter.
Late Richard Jewell to Maga kid have been attacked by MSM and often LEO group and DAs for many years.
Maga Kid is likely "unhireable" now like Richard Jewell after labeled as Atlanta Bomber in 1996.
So however amount of money they get suing MSM etc is likely main income for decades or rest of life.
And remember that you "win" getting even Millions of $ but your cut is after lawyers and other things and Taxes.
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Report this Post01-16-2022 11:39 AM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
Cars made in or after 2012 supposedly have crash data stored. Event Data Recorders will store 4-5 seconds of data that occurred prior to a crash. Assuming the crash was violent enough.

Since steering and throttles are drive by wire now, the recorder probably stored this kid being stationary before cutting his wheels hard to the right and accelerating. Then it will have stored a sudden movement to the left. His vehicle is a 2016.

If they don't now, EDRs will probably record sound in the future.
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Report this Post01-22-2022 07:16 PM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
His insurance says $8800+ in damages to my car. There wont be that much for them to pay out though with 4 damaged vehicles to pay for. He's not adequately insured for his driving ability and judgment.
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Report this Post01-22-2022 11:28 PM Click Here to See the Profile for blackramsClick Here to Email blackramsSend a Private Message to blackramsEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by sourmash:

His insurance says $8800+ in damages to my car. There wont be that much for them to pay out though with 4 damaged vehicles to pay for. He's not adequately insured for his driving ability and judgment.


Again, this most likely depends on your location's/state's/country's insurance regulations. Since you don't list that location or state of residence, I have to assume you don't want it known. Doesn't matter to me but, impossible to advise without more information.

Rams

[This message has been edited by blackrams (edited 01-22-2022).]

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Report this Post01-23-2022 09:34 AM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
It's not a question. It's a statement. There wont be enough to pay me the full amount according to the adjuster. His ins also wont state his limit citing some privacy law or clause.

According to the adj who looked at my car his vehicle is included in whatever the limit is.
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Report this Post01-23-2022 10:05 AM Click Here to See the Profile for Jake_DragonSend a Private Message to Jake_DragonEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by sourmash:

It's not a question. It's a statement. There wont be enough to pay me the full amount according to the adjuster. His ins also wont state his limit citing some privacy law or clause.

According to the adj who looked at my car his vehicle is included in whatever the limit is.


That's some pretty shitty insurance, sounds more like his insurance is setting you up to take a smaller claim. I know you said you had limited insurance of your own but you should contact them anyway.
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Report this Post01-23-2022 10:23 AM Click Here to See the Profile for sourmashClick Here to Email sourmashSend a Private Message to sourmashEdit/Delete MessageReply w/QuoteDirect Link to This Post
They're definitely looking to minimize they're exposure, but the prop damage values should be set.

The accident damage includes his 2016 Soul, damage to both front sides,
2011 Highlander rear-ended and flipped
1997 S10 rear corner bed damage.
My vehicle has $8800 on it.

I'm wondering how dipping into my underinsured policy (it will be my policy) might effect my rates.

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Report this Post01-23-2022 11:42 AM Click Here to See the Profile for Jake_DragonSend a Private Message to Jake_DragonEdit/Delete MessageReply w/QuoteDirect Link to This Post
 
quote
Originally posted by sourmash:

They're definitely looking to minimize they're exposure, but the prop damage values should be set.

The accident damage includes his 2016 Soul, damage to both front sides,
2011 Highlander rear-ended and flipped
1997 S10 rear corner bed damage.
My vehicle has $8800 on it.

I'm wondering how dipping into my underinsured policy (it will be my policy) might effect my rates.


I wish you well with this, its a cluster ****. I have never heard of any insurance that totals all loss from the same pool. I have coverage for the other guy and then coverage for myself. They are not the same bucket.
End of the day its his responsibility to make you whole and as this is not a small amount you should have a lawyer draw up something. They probably have a template already and just have to plug in your information.
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