Insurance claim help

[kpc01]

so to make it as short as possible.

Wife had a wreck a couple of weeks ago. she was on loop288 S bound in the far right lane. a lady going N bound turned on a green light (not arrow). All three cars locked up the brakes but unfortunately she was int eh far right so caught up the end of the car. The lady got a failure to yield ticket and now we've filed with her Co. (Allstate). They are saying they will pay 85% of it but claim we could of done more to avoid it.

I am beyond pissed that a supposedly reputable company can screw someone over this easily. They said to claim it on ours but A. I don't want to make a claim since we weren't at fault and B. it would be below our deductible.

Any advice? I'm waiting on a call back now for one of the supervisors...

[TEAMJACOB]

Not letting a woman drive us easily worth 15% of the responsibility

[Chili]

so to make it as short as possible.

Wife had a wreck a couple of weeks ago. she was on loop288 S bound in the far right lane. a lady going N bound turned on a green light (not arrow). All three cars locked up the brakes but unfortunately she was int eh far right so caught up the end of the car. The lady got a failure to yield ticket and now we've filed with her Co. (Allstate). They are saying they will pay 85% of it but claim we could of done more to avoid it.

I am beyond pissed that a supposedly reputable company can screw someone over this easily. They said to claim it on ours but A. I don't want to make a claim since we weren't at fault and B. it would be below our deductible.

Any advice? I'm waiting on a call back now for one of the supervisors...

Basically they are saying you are 15% at fault. File on your insurance for the rest.. Your rates shouldn't go up if you are less than 50% at fault. At least that was what happened to me in a similar scenario about 10 years ago.

Verify with your agent.

[Venom]

Get your insurance company involved. They should help you out and their attorneys are probably better than yours.

[kpc01]

So even though it wouldn't meet my deductible I should still notify them? I was concerned that it would only ding me for claiming it and not even help at the end of the day.

thanks for the tips, luckily the first accident we've had in 15+ years

[A_A_G]

Do not file a claim under your policy. Any collision claim filed regardless of fault looks bad.

[A_A_G]

So even though it wouldn't meet my deductible I should still notify them?

No, you'd be wasting your time. They can't pursue subrogation against them unless the damages exceed your deductible.

[Venom]

Don't file a claim with them just see if they'll help you out in dealing with the other insurance company. If not they should pay 100% if she was at fault. You didn't get a citation for being 15% at fault so who are they to say that you were?

[A_A_G]

All three cars locked up the brakes but unfortunately she was int eh far right so caught up the end of the car.

The issue here is she hit the back part of the car, meaning the other car almost cleared the intersection. In their minds, your wife should've saw the car and could've avoided the accident. It isn't right, but that's how insurance sees it.

[kpc01]

The issue here is she hit the back part of the car, meaning the other car almost cleared the intersection. In their minds, your wife should've saw the car and could've avoided the accident. It isn't right, but that's how insurance sees it.

thats pretty much what it sounds like to me. My wife already told them if she didn't lock up the brakes 100% in her Armada then the little lady in her corolla wouldn't be as well off as she is. Pretty shitty that they can say that when it was obviously their clients fault. My BIL is an agent and said that its a TX law and pretty much any insurance company cops out as much as they can to save on payments. And I wonder whats wrong with the world...

[A_A_G]

How much is your deductible?

Do you know if the at-fault driver had full coverage on her car or was it a pos with liability only? The reason I ask is because if she did, and they made a payment for her damages, they're going to try to recover 15% of their damages from your company (filing a claim on your policy).

[kpc01]

How much is your deductible?

deductible is 1k. I had an estimate today and total to repair the whole car was only like 1400.

[GE]

How much is your deductible?

Do you know if the at-fault driver had full coverage on her car or was it a pos with liability only? The reason I ask is because if she did, and they made a payment for her damages, they're going to try to recover 15% of their damages from your company (filing a claim on your policy).

You should re-think about what you just said, if you can't figure out where you erred, I'll let you know.

85/15 isn't a bad liability split. They're not trying to completely get out of paying the claim, they're just apportioning the negligence. While their driver is a majority at fault, it doesn't absolve your wife from Driving While Head Up Ass, meaning you have to always be watching for traffic coming from all directions.

[Big A]

You should re-think about what you just said, if you can't figure out where you erred, I'll let you know.

85/15 isn't a bad liability split. They're not trying to completely get out of paying the claim, they're just apportioning the negligence. While their driver is a majority at fault, it doesn't absolve your wife from Driving While Head Up Ass, meaning you have to always be watching for traffic coming from all directions.

They'd simply withold 15% of the damages paid on both vehicles, not pay out 100%, and then try to get it back from the other insurance company.

I don't necesarily agree with the 15%, she very well could have reacted as soon as she saw that the car turning wasn't yeilding, and still end up clipping the rear like she did. Unfortunately it'll take a lawyer to fight over $500+/- for the 2 vehicles, assuming that the other car sustained similar damage, which probably isn't worth it.

[GE]

They'd simply withold 15% of the damages paid on both vehicles, not pay out 100%, and then try to get it back from the other insurance company.

Eh? You cannot recover in Texas if you are 51% or greater liable for a tort. In other words, her insurance carrier cannot legally pursue the 15% against his wife's insurance policy.