Got into another accident today :'-(

I hate to say it but your likely gonna get the shaft. Your insurance company is giving you the business. The report may not lay any blame what-so-ever. It sucks, regardless of where you were on the road or what you were doing, she should have yielded. I never seen a Yield sign that read: "Yield, unless..."

As far as your insurance company, I would drop them like a rock after this, they are supposed to support you. Doesn't the dealer have a reconditioning center? Good news, your ok and we are all happy for that.
 
I think your insurance is being ridiculous. Lets say you suddenly stopped for the "BITCH" to pass at the yield sign and the car behind you rear ended you, Would that be your fault ? Your trying to be safe driver and regardless of what position you are in it seems if anything happens its going to be your fault. Im really surprised your insurance would do that. I geuss when I got my license I forgot to see the sign for be a good samaritan and let everyone through even at a yield sign:smile (2):. I really feel for you in this situation.
Ask your insurance what the point of the yield sign? you did nothing wrong and on top your getting blamed by your own insurance! I hope you work this out... Can you talk to a traffic tickect specialist that can help you with this problem?

Cheers!
Nuno
 
File a complaint with the insurance commissioner in your state.
 
Sorry man sucks for you.

I am battling a similar issue on my wife's MDX. She went straight at a light driver next to her was in a right turn only. They went straight and side swiped her. At the scene they admitted fault, upon filing they claimed my wife turned into them. We need to repair first now and then have our insurance follow up to resolve, PITA.

If you have to follow the same path make sure you ask your insurance to send you an email documenting what they are asking you to do. Best to have a paper trail as most insurance companies prefer to deny claims whenever possible.
 
Get a insurance lawyer, will help you through all of this. They work with both insurance companies. They wont charge you, they get their fees from the opp insurance company. Dont talk to your adjuster or ur insurance company. Work with her insurance company, and fax them the police report. If you run into problems then get a lawyer, its much easier. They will contact state insurance commissioner and all that.
 
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Thanks for all of the advice guys. If her insurance company doesn't work with me through this to get it done right I guess a lawyer or the insurance commissioner is going to have to get involved.

By the way her insurance company is Geico. I dealt with them before and they got me my money without a problem, but that was a totally different situation because that time a lady admitted to the mistake. This lady is going against everything I'm saying.

This damn police station is taking forever. I'm just going down there in the morning to speak to them to speed up this process of getting the accident report.

I'm also going to go around a few places I know to get damage estimates or atleast get an idea of what needs replaced or repaired.
 
Add the G37 muffler while you are getting it fixed ;)
 
I used to be a Sheriff's Deputy and at least in Indiana officers don't determine fault...however, on the report the vehicle that's listed first or Vehicle 1 is the one that most likely is at fault...not sure what it's like in New York but that might be something to look at once you get the report. It seems to me that she's at fault no question...especially since that's a blind ramp...you can't see her until she's nearly exited the ramp! Good luck!
 
Do you have comprehensive coverage on your insurance? I'm guessing you would since your car is newer and not cheap. If you do, your insurance would cover your car even if you were at fault. They would probably increase your premium if you were at fault, but they would pay. At no point would an insurance company tell you they wouldn't cover your costs if you had full coverage. The only difference is if her insurance pays, you're 100% covered. If your insurance pays, you pay your deductible.

Not sure why the cops are even debating the story. If someone doesn't yield, that should be a traffic violation. Even if you changed lanes into her, that's on her. It's sort of like if someone changes lanes in front of you and then hits the brakes. It's still your fault for hitting them because you didn't react fast enough. If she has a yield sign, it's on her to yield. Plus she hit your car in the back, so I'm not sure how you'd be at fault.

Fire0nic3FX said:
I hope I do get to pick the shop so I make sure it gets done right.

I just called my insurance now and I'm really upset. Their telling me even though the woman was wrong about ignoring the yield sign I was suppose to be a good driver and slow down or stop to let her out because of her ignorance. And because of the situation the costs may not be covered 100%. Am I understanding something wrong here? This woman ran the yield sign!! My insurance is basically telling me the only thing left to save my ass is that the cops rule in favor on my side when I get the police report this week.

And now they will be doing some kind of investigation. What is wrong with progressive. Let's just say I I did stop to let out of of the exit to get on the service road with me, I COULDN'T stop. She was already at my back end behind me and hit me on the back side of the door. It's not like I could slow down to let her out if she was already behind me and not in front of me.
Click to expand...
 
Auto insurance companies are scum. Their primary objective is doing everything they can to pay the lowest amount on any claims. In fact, most have computers (ie Colossus) with brutal and compassionless algorithm to help them achieve this goal. Once an insurance company has accepted liability and its computer rendered a settlement amount, generally it'll be extremely tough to change it, even if you threatened to take it to court. It may change a little bit once a lawsuit is filed because it knows that you're already on the hook for about 1/3 of the settlement money in attorney's fees. It'll definitely change a few weeks before trial date which could be 2 to 5 years from the date of the accident. This is because it knows that you're on the hook for the 40% attorney's fees by going to trial and the insurance company finally has to assign councils to prepare and try your case in court.

It seems like your case involved only property damage so no personal attorneys should ever be needed. Let the insurance company handle it, pay the deductible and then take the other party to small claims on your own if you think it's worth the time and effort to right the wrong. Btw, you won't get a new door since the damage is minor. Even if it's a major damage, they would source a used door from their nationwide salvage-parts network before buying a brand new door. Typically, once the adjuster has written up an estimate, most bodyshops will work with that or they won't get paid for going over unless it's approved. You'll have to pay the difference on the unapproved amount and then fight it out with them.

Lastly, turn on your phone's video camera immediately after an auto accident and leave it running discreetly in your pocket. It may help you in the case of he said/she said event...
 
Sucks to hear this.

I bought my FX on a Saturday and by Tuesday I had a huge cracked windshield from the materials company operating a tractor trailer. Here in Colorado they are required to secure their loads on their trucks. I know because I supervise a large Grounds maintenance department with heavy equipment. I am working with the manager at the materials company to get my flawless for 3 days windshield replaced.
 
Update:


What an ugly turn this has taken. Finally got the police report. The description in the police report statement the police never picked anyone's side. It only give the story of what I told them and what she said. I faxed it to the insurance company and they said they believe her. Basically she is telling them now that she did stop for the yield sign and already came out of the exit when I changed lanes all of a sudden and hit her. What a liar!!!!! As a result their saying they only want to pay 20% and then make my insurance pay the rest which would be useless because I have a $1,000 deductible. I told them I have proof she ran into me. I told them if they didn't pay 100% that I'm going to sue her and Geico until I get every last penny I deserve. Then he got scared and said they want to see my "proof" that she ran into me because she ran the yield sign.


Well here is my proof. Look at my back door you can see where she actually ran into me with her front right tire:

photo123.jpg




Those marks are freaking tire marks from where she had her wheel turned out when coming of the the exit. All the other damage you can clearly see she went down the side of the car. I'm calling in the morning to set up an appointment for the guy to come and look at my proof of all of this. On top of it this lady can barely speak english.

This lady is going to get her payback from karma one day. Just imagine if she hit someones car parked somewhere when they weren't around. She would of left the accident scene and have done a hit and run. That's how horrible of a person she is. If she'll lie about an accident like this she would definately do a hit and run. I told the claims guy on the phone that after this whole thing is over they should drop her. I highly doubt this is the first time she has done it too.
 
Hey Aaron, are there skid marks on the road where you two made contact? Showing exactly where it occurred relative to the yield sign might help your case.
 
Aaron dont waste your time bro. Get a attorney like i said in my last post. Also change your 1000 deductible to 500 in the future. Switch to 21century insurance by farmers. They are good. My parents and i had them for 15 years. They were alwyas on our side!
 
No attorneys is going to take a property damage case without a retainer. Don't get agrravated further by losing even more money. Know the rules of law. Typically, a retainer will run about $5K, add another $5K when you want a lawsuit filed, and add another $5-8K when you want to try the case. The insurance companies know this so you can't scare them with the legal eagle threat. You can only sue the other driver and not his/her insurance company anyway. The other driver's insurance company will have use all of their available resources to defend its client or settle the case.

If your insurance company doesn't agree with you on the 100% liability of the other driver then you're in for a tough battle. Your most likely option is to pay the out of the pocket expense and then take the other driver to small claims yourself if it's still worth it. Depending on the location, it may take 6 months to 2 years before the case goes to trial. If they don't settle then the chance of winning in court with no witnesses is very slim. Basically, you'll be facing seasoned trial attorneys and they just need to show that you're partly responsible to prevail. Your only hope is the other driver won't show and you'll win a default judgment. In state such as Texas, they have the losers-paid law so if you lost a case then you pay legal cost for the other side. Good luck to you.
 
I used to have Geico they are a bunch of theives! My wife and I never had any accidents while we were with them always paid our bill on time (every 6 months) and they tried to raise our insurance and when we asked why they said they were losing money or something like that. We asked what that had to do with us and they couldnt come up with an answer. The next day we switched to Nationwide and have had them ever since with no problems, we even have our house insured through them now because they have been straight forward with us since day one. Having 2 cars full coverage and the house and the insurance is still low. Hope it works out Geico will try and squirm its way out of it!
 
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