I'm looking for a DU forum to ask about a car accident and insurance.

[mahina]

Another driver hit my car and the other person's insurance is only accepting 50% liability.

I was at a stop, hit the horn twice to get her to notice me but she kept backing into me.

I was in a parking lot.

This is not a great time for my insurance premiums to go up and I didn't cause this accident.

It's certainly possible there isn't anyplace here for this kind of question as it's not political.

Thanks folks.

[Rhiannon12866]

1. The Lounge probably gets the most traffic- and I've seen lots of personal type questions asked there

The problem with GD is that new threads are posted so frequently that most things sink pretty fast...

[mahina]

10. Good idea, thanks.

Plus I'll get to look at puppies.

[Rhiannon12866]

16. I've seen lots of good advice there about all kinds of things - good luck!

And you won't want to miss this one:

https://www.democraticunderground.com/1018995069

[mahina]

19. Too cute!

[TexasTowelie]

2. Three pieces of advice:

1) Don't sign anything.
2) Do not accept any payments from the insurance company.
3) Get an attorney.

Any insurance company that attempts to place 50% of the blame in that instance isn't going to negotiate the claim in good faith. You'll need an attorney for representation. The stupid part is that the insurer should pay for the actual damages to your vehicle, but if you have a decent attorney they'll probably pay triple compared to if they treated you fairly.

[mahina]

18. Mahalo Texas Towelie!

Good ideas, thank you for the informed perspective.

Mahalo DU. I sure do appreciate it. The smartest people I know.

[elleng]

3. Try 'Consumer advice.'

[mahina]

11. Gosh I didn't see that one.

Mahalo.

[elleng]

4. If you have insurance,

the 2 companies should be involved.

Don't be shy about contacting YOUR insurance company.

[Solly Mack]

5. Are you OK?

Hoping it all works out for you!!

[mahina]

12. I'm just fine and so is she, thanks Solly Mack!

I gave her a popsicle while we waited for her husband to drive over with the insurance card.

Maybe I should have called the cops.

Le sigh.

[BigmanPigman]

6. Your premiums shouldn't go up if it is someone else's fault.

Insurance people will check it out. They have seen it all and if you are telling the truth they will be able to tell right away. You should be only out the deductible. My car was in a parking lot and another car next to mine crushed the entire side (over 5 feet). I was pissed that I knew who did it (it was in a school lot that had private spaces) but since I didn't have video proof I was stuck paying the deductible $250.

I checked out other forums but didn't see anything that would suit your question.

[mahina]

13. Thanks Bigman Pigman.

The truth is the only way to go. I'm still pissed too.

[mcar]

21. Yes, it could

We had 2 accidents that were 100% not our fault. Then one that was (hubby scraped door of rental car making tight turn in alley). Our auto insurance rates skyrocketed due to "activity."

In one accident, a tire came off a pickup truck, rolled across the road and hit my brand new car. 4500 worth of damage. Insurance companies see that as activity and punished us despite the freakness of it.

[PoindexterOglethorpe]

7. Was there a police report?

If not you're probably screwed. If there is, it should clearly state which driver is at fault.

[mahina]

17. Oh crap.

I thought we were a no fault state so no need to bother HPD but it turns out that's only for bodily injury. Of course there is a need to pay if one is at fault.

Wish I'd called 5-O!

[Thor_MN]

20. I live in a no fault state. Unless your car is legally parked and no one is in it,

You are assigned some part of the fault. At least according to what I have been told.

Since it was not witnessed by a police officer, a police report would only document the scene. Time of day, weather conditions, position of the vehicles. One can do essentially the same by taking pictures with a cell phone.

Get your insurance company involved and and they will go after the other insurance company. Them saying 50% is a standard opening negotiation. Your company will push that towards the final position.

[mahina]

22. Thank you.

I will. Mahalo.

[padfun]

8. This shouldnt be yours to fight.

Unless your insurance company agree's with them. Then you would need to appeal.

Did they agree with the 50%, or have they gotten this yet?

[mahina]

14. Oh good question.

They would have gotten it today. She hit me on Saturday night. I called my insurance the next day but she just spoke with hers today, four days later.

I'll talk with them tomorrow and find out. Mahalo for the insight.

[ProudLib72]

9. The other insurance company is full of crap

They do this all the time, standard procedure. Within 24 hours of an accident, they call you up to offer you money. You NEVER take it. Just tell them you are letting your insurance company handle it for you.

And, yes, if the cops came and handed the other person a ticket, you pretty much have the upper hand.

[mahina]

15. Good to know!

Wish I had called them but thanks for the information about the lowball standard procedure.

[haele]

23. Her insurance will always try to get the liability down.

About Auto Insurance - liability isn't fault. Liability is the percentage that "contributed" to the accident - sometimes just be being there and not reacting quickly enough that someone else was being unsafe.
Fault is the amount of how much your actions were directly responsible for the accident - were you driving unsafely, were you breaking the law, were you negligent in caring for your car and the bailing wire repairs you made failed at freeway speeds?

Liability affects the amount of your deductible the insurance company covers, fault affects the premiums.

Your premiums won't go up if you're not at fault. However, if both insurance companies agree to her only 50% liable just because you didn't back up fast enough, you'll be on the hook for 50% of your deductible. Check with your insurance agent to find out what they're going to claim.

Just dealt with that with the kid's car that's on my insurance, they were at the front of a 4-car pile-up in stop-and-go freeway traffic - not their fault, and they were identified as 0% liable (got their entire deductible covered) because the car behind them did not give them enough room before she got hit by behind her by assholes who were feuding on who cut off whom.

Haele