last week i got in an accident where a guy sideswiped me cutting over 2 lanes to make a right turn and he hit my front end causing $4,000 in damage. police report deemed it was his fault and a week later they still have not given me the check for it to get repaired because the other guy still has not gotten back to them for some reason. is there anyway i can get them to give me this check so i can get it fixed and have my car back?
Call your insurance company and let them deal with it (assuming you have collision).
They’ll go after the at fault party because they don’t want to get stuck paying the claim.
by doing that wouldn’t that most likely end up raising my payments because they got involved or no?
Nope, it’s going to be on your record no matter what regardless of if you get them involved or not.
I just called them and they said if I want them to follow up on it I would have to file a claim Which would then raise my payments and if I didn’t want that then I can’t get them involved
Some good reading:
do you have an insurance agent? you are a little confused and they would answer this best. i have been in 4 motor vehicle accidents 3 my fault. my insurance did not go up till i was injured by a 87 yearold man making a u turn
When I got in an accident that was not my fault, I left my company out of it totally.
I just kept calling the guys insurance company, and they cut me a check for the accident, towing, and a bit extra for trouble, then cut the jim murphy a check for car storage.
took maybe 2 weeks?
well we finally got a verdict and his insurance company says even though it was his fault his insurance is only going to pay for 75% of the damages because apparently NYS law says that when someone turns into another car from another lane both drivers are at fault and it is basically a no fault. so i said to him “so what you are saying is that i can run someone off the road turning from a wrong lane and still have it not be my fault?” and he said yeah pretty much thats about right…i found that staggering, so just a note to all you road rage people NYS says it is not your fault if you turn into someone and run them off the road
thank you NYS :bigtup:
NYS is a ‘no fault’ insurance state, pretty common knowledge
No-fault insurance has the goal of lowering premium costs by avoiding expensive litigation over the causes of accidents, while providing quick payments for injuries. The victim’s insurance company would only pay out the claim, while the driver-at-fault’s insurance company would pay out a claim and charge that party a higher insurance premium as they are now higher risk. While this may disadvantage the victim’s insurance company, as the at-fault driver’s insurance company can recoup the claims quicker through raised premiums, accidents happen between drivers of both insurance companies with an equal chance of drivers from both sides being at fault, so this in theory should even out.
i didn’t know that, i don’t get in many accidents
This is total BS and they are just feeding you this shit so they dont have to pay you 100% and hoping that you will buy it. I work insurance claims in NY and have in many other states. If you are cruising in your lane minding your own business and this guy cuts across and hit you, he is 100% liable. There is no NYS law that says this is OK or you are both at fault. Look up NYS Vehicle and Traffic law. Most of which is common sense.
Let me take a guess and say the other guys insurance is Allstate or Progressive as they are both shit. You need to fight this and use the police report to back it up. If it was partly your fault for this guy hitting you as it says in “NYS”, why didnt the police give you a contributing factor on the police report???
No fault/PIP only applies to injuries and not to property damage. All it means in simple terms is your own insurance company pays for your medical bills regardless of fault. In some cases they can subrogate what they had paid against the at fault carrier. But certain criteria need to be met. No fault does not apply to the OP unless he was injured.
The OP has 2 options. Either fight the at fault carrier regarding liability. Work your way up the chain until you get it your way. Or make an insurance claim through your own carrier, you will pay your deductible for your collision and they will go after the at fault carrier for what was paid out and your deductible. If the other insurance tries to pull that 75% bullshit on your insurance carrier, they will take them to arbitration where I guarantee they will find in your favor and it is binding between the insurance carriers. Typically if an accident is not your fault, it will not affect your insurance rates unless you are a big risk and have a lot of claims. That is a common myth that as soon as you make a claim, your rates go up.
Please note that getting an attorney will not change the mind of the other guys insurance carrier and will be a waste of time. That is why I did not list that as an option.
I beg you to fight this because they are trying to pull one over on you and save a couple of bucks. They are betting you are a push over and will just take the 75%. You need to be firm on your arguments and keep working your way up the ladder of supervisors until you get it your way. Eventually you will get to someone that will want you to “just go away.” The squeaky wheel gets the grease and you will get liability at 100% if you keep at it.
Also, just to be a PIA, file a NYS insurance complaint against them. It wont really hurt them at all unless you have a legitimate complaint, but they will have to answer to the NYS department of insurance and just makes them look bad to upper management and will help in your cause of causing a big stink.
Motorcycle accidents don’t fall under the NYS No-Fault law…thank god. I completely fucked over the Negro that caused my accident thanks to that lol.
Definitely fight it, it’s worth it.
I couldn’t remember fourseasonsandles’s username. Glad he found this thread.
:tup: to bringing some real industry knowledge to the board.
fourseasonsandles :tup: Hope the OP didn’t already sign the papers!
:word:
Great info.
nope didn’t sign papers my insurance just came today to look at the car. his insurance is Erie Insurance Company.
this is exactly what the police report says
vehicle 1 - him
vehicle 2 - me
“vehicles 1 and 2 were traveling northbound on union rd. vehicle 2 was traveling in the lane to make a right east bound turn onto walden ave. vehicle 1 was traveling in the right northbound lane, driver 1 attempted to make a right east bound turn into parking lot on the east side of union rd causing the passenger’s side door of vehicle 1 to make contact with the drivers side front end of vehicle 2 causing the front passenger’s side tire of vehicle 2 to make contact with the curb”
Contributing factors:
vehicle 1: driver Inattention/Distraction
vehicle 2: N/A
i didnt think it made any sense for it to be my fault if he turned into me trying to make a turn from an improper lane
my insurance only quoted me $1649 after deductible, quite a difference but the parts are used/reconditioned
Not unusual for them to quote you reconditioned parts on your vehicle since it is brand new.
If your carrier does get back whatever they paid out, they will also get you your deductible back. Good luck with everything!
I always read the threads that have anything to do with insurance. Guess I have a knack for finding them… ha
I’m sure fourseasonsandles will correct me if I’m wrong, but I’m pretty sure all you’re going to get is used/reconditioned parts unless your car is brand new or almost brand new. Insurance only has to restore your vehicle to the same condition it was in before the accident. That’s not brand new parts on an X year old car. Where this gets ugly is when you have a 5 year old car that has never seen a winter and the insurance company wants to put salvage yard parts on that have been daily driven for 5 years. Then you start a whole other battle about what “prior to the accident condition” is.
reconditioned parts are sometimes better than new…