QuestionQUESTION: I was involved in an accident the monday after thanksgiving, a great way to end my holiday. The accident occurred at the on-ramp of the N101 freeway. Three cars were involved. I am the middle car, a Honda accord. The accident happened on the morning of that monday, as I was driving onto the freeway, I found out that the vehicles infront of me were stop (I guess due to heavy traffic?) and I started to slow down as I got closer to the front vehicle. I felt something pushing my from behind (a car, of course, a small Miata), and I end up rear-ended the front vehicle, which is a Honda Civic. I've been stay contact with all three insurance adjusters, and they came up with a decision that I am at fault for hitting the vehicle, the Honda civic. Therefore, the insurance company for the Miata, is not going to pay for the damage of the front of the vehicle. According to the letter that I receive from my insurance company, my car is 'uneconomical' to repair, as you will re-call, TOTAL. The back damage of the Honda civic were just the right side of the bumper, but the damage of the front of my Honda accord is major, I don't know how to describe the damage, but the car was not drivable. My car was attach to the back of the Honda civic, which later I found out on my own with her adjuster, saying that the DRIVER WAS SURE THAT HER CAR WAS NOT ATTACH TO MY CAR. (she didn't even get off her car after the accident happen, she waited a couple seconds, and pull aside). And after the CHP and the CHP tow truck came, I got off my vehicle, and found out that the Miata was slide under my car. Now they are basically saying that Because the front damage is greater than the back damage, proves that I rear-ended the front vehicle first, then I got rear-ended.
The point for the dispute I want to make is that since the Miata is a small car, and its front is lower than my bumper, after it crushed my bumper, what else/how great of a impact does it suppose to make on my car?
ANSWER: Hi A.J.-
If the other company is not going to pay for the damage then it seems to me that your insurance company would unless you did not elect to have collision insurance. It would be subject to your deductible.
I don't know alot about haw to dispute a decision. It seem the insurance company would have a dispute process if you asked them. After that you would have to sue the inusrance company. I know you can hire an attorney on a contingency basis (no money up front and agree to pay them 1/3 of the settlement) for personal injury but I have never heard of property damage being done on a contingency. That means you would have to be willing to pay up front for an attorney.
Hope that helps
Sheldon Maughan
yourfarmersoffice.com
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QUESTION: Unfortunately, I only have liability on my car insurance. And I did do some search before I ask this question, and it appears that you are right about the contingency on the property damage. Because my insurance company already told me that they will not be involving to the front damage dispute that I am going file, I will go ahead and obtain information from the Miata's insurance company. Hopefully, I can resolve this without going to small claim court, but I do have another question. It seems like there are many previous closed cases show that, if you are the car in the middle of the three cars accident, insurance company tend to just look at the damage of the car, and make decision base on the damage of the front and back, which happens to be that if the front damage is greater than the back, they will put fault on the middle car. (regardless the size of the two other vehicles) My question is, do you know any cases that involved a dispute later proven to be true by counting the sizes of the two cars as part of the factor of the damage of the accident? (sorry if I am not making myself clear on this question.)
AnswerA.J.-
I don't know a lot about how they determine fault. You may want to try an expert that has had experience as a claims adjuster. I know that my nephew rear ended someone and pushed that car into a third on the Bay Bridge and he had to pay for the damage to both cars.
Sheldon Maughan
yourfarmersoffice.com
