Rear ended (insurance, attorneys, deductible)

[a. w. e.]

My daughter and a friend were in our corolla when they were rear ended. This slammed our car into one in front of them. Damage to front and rear was officially estimated to cost around $1,500 for each end ($3000 total). The insurance company for the car hitting ours says their client claims our car was already in contact with the car in front, so they will only pay for rear end repairs.

How could the driver of a car behind us see through her windshield, over her hood, through the back windshield of our car ,over (or between )two persons in front seat, over the hood of our car, and down to the front bumper ? Or in a split second, determine that our car was already in contact with the forward car !

The insurance company (Allstate) has statements from all parties. My daughter is in spain working on a master's degree
& her friend is in California (Allstate has their statements, which deny contact prior to being rear ended).

Can I force Allstate to give me their file ? Should I get a letter from our persons ?

This seems "open and shut" to me.

Thanks for comments. Awe 12/6/2010

[TexasRedneck]

Do you have full coverage on your car? If so, give it to your insurance company to deal with - let them fight it out. Otherwise, you're likely best served by suing THE REGISTERED OWNER in small claims court, and letting them hash it out.

[ShaneSA]

What does the driver of the lead car have to say? They would have been hit twice if your daughter hit them once and then the car hit your daughter. Is the insurance for the car that hit your daughter paying the lead driver or denying that also?
You may have to find an attorney to get all the information. The insurance company will not share thier file.

[ged_782]

Was a police report made at the time of the accident? If so, what did the other drivers state happened in that report?

As has been mentioned, if you have Collision coverage, you can file a claim with your own insurance, and they will go ahead and pay your damages, less your deductible. If they determine another party was actually liable for your damages, they will pursue collection from that party (or their insurance), and refund your deductible, if successful. Most insurance companies don't want to pay for a loss, if they can pin liabilty on another party.

As far as getting a lawyer, it might be tough to find one willing to take a case involving a relatively small property damage loss.

[Soviet]

People are SO stupid.

*shakes head sadly*

[ch1963]

Allstate is horrible for claiming responsibility. I was in an accident in April. A lady hit a car stopped at a red light causing a chain reaction of 5 cars total. The lady had Allstate. After a month, Allstate said they had interviewed everyone EXCEPT their client who caused the accident. They said they could not get ahold of her to get her statement & they would not accept responsibility until they spoke to her - they didn't care that everyone else told the same story or what the police report said. After a couple of months, I finally got my brother who is an attorney involved & within a week they accepted responsibility. I had full coverage but didn't want to use it since I would have to pay my deductible & there was no telling when I would be reimbursed by Allstate.

[okt0ber]

Originally Posted by ch1963

Allstate is horrible for claiming responsibility. I was in an accident in April. A lady hit a car stopped at a red light causing a chain reaction of 5 cars total. The lady had Allstate. After a month, Allstate said they had interviewed everyone EXCEPT their client who caused the accident. They said they could not get ahold of her to get her statement & they would not accept responsibility until they spoke to her - they didn't care that everyone else told the same story or what the police report said. After a couple of months, I finally got my brother who is an attorney involved & within a week they accepted responsibility. I had full coverage but didn't want to use it since I would have to pay my deductible & there was no telling when I would be reimbursed by Allstate.

Do you think Allstate just has their checkbook open for anyone who claims their customers caused some type of damage? As an Allstate customer, I'm glad to hear this. I'm glad to know if I'm in an accident that isn't my fault, and there is a dispute, they are going to stand behind me and not pay. That is why I have insurance, to be defended. And that's why my rates are lower.

As far as the issue at hand -
As far as hiring an attorney - that will just cost you more money, and if you have your own insurance you may as well use them and let them handle the dispute. Afterall, that's why you have insurance. They have attorneys that work for them on your behalf, no need to hire your own really.

[cddweller]

woah octOber mellow down and offer some sympathy accidents suck. Especially when you didn't cause it, talk about a month long headache caused by another person's negligence.

[ch1963]

Originally Posted by okt0ber

Do you think Allstate just has their checkbook open for anyone who claims their customers caused some type of damage? As an Allstate customer, I'm glad to hear this. I'm glad to know if I'm in an accident that isn't my fault, and there is a dispute, they are going to stand behind me and not pay. That is why I have insurance, to be defended. And that's why my rates are lower.

As far as the issue at hand -
As far as hiring an attorney - that will just cost you more money, and if you have your own insurance you may as well use them and let them handle the dispute. Afterall, that's why you have insurance. They have attorneys that work for them on your behalf, no need to hire your own really.

No I don't think Allstate has their checkbook open for anyone who claims their customer caused an accident BUT when 4 other people involved were all stopped at a red line (one behind the other) & a car hits them from behind and all the people tell the insurance the same thing PLUS the person who hit the original car tells the SAPD that she could not stop & she was at fault (this was in the police report), then it would seem that it was that person's fault - the Allstate customer NEVER disputed that she was at fault. I was the 2nd car in line at the accident & the Allstate claims adjustor tried to make it seem like I was at fault - I was watching the light waiting for it to change just before the accident & the adjustor wanted to know why I was not looking in my rearview mirror to see if any car was coming from behind that might hit me so I could try to move out of the way.
After doing research (reading reports & talking to others) I have found that Allstate & one other auto insurance who I will not name) is notorious for stalling accepting responsibility by saying they cannot get ahold of their customer to get a statement.

[FutureBrennanDad]

CH1963, as a former insurance adjuster alot of the investigating that goes on is actually getting the dollar amount for damage on multiple cars so the insurance company does not approve to pay out more than the policy covers.
As far as the OP they should go through their own insurance company if they have one and let the companies work it out through subrogation.