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UPDATE: Wife got into first accident in 14 years, need advice.

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If its a public road and there's no stop/yield sign then its not her fault.

It its a private road, like a parking lot, and there's no stop sign, there's really no defined "rule of law", or so I've heard. Best thing to do is come to a complete stop and "look both ways before crossing the street", especially when drive through parking spots with the rectangular 3 sided white lines.

50/50 makes sense in this case IMO.

I live in MD as well.

tenpole said:
Regardless of fault shouldn't you contact your insurance company promptly.
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If you get rear ended on a public road, there's no need to contact your insurance, just 'theirs', especially if a cop is there to fill out/get both driver's information.
 
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Mmmm, if the wife was completely stopped, and wasn't moving when Land Rover brushed the car then I don't see how it's 50/50. If the wife was standing still, it's completely on the LR owner not to crash into her. At least that's how I think it should be. The problem is a) proving that your wife was not moving, and b) the actual laws/regulations may say it's still 50/50.
 
Stopsignhank said:
Do NOT talk to the other person's insurance company. Call yours immediately and let them deal with it. They are the professionals at this and the money is coming out of their pocket. Of course the other company is going to lay as much blame on your wife as they can. That way it is less money for them to pay.
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Sigh.. Working for an insurance company and having a spouse that is an adjuster for an insurance company, i can 100% guarantee you that is not how reputable insurance companies operate. Fault and law are two different things and fault is assigned differently. Insurance companies, at least ones who are worth a crap, don't try to weasel out of things, they assign fault based on several factors and do it fairly.
 
steppinthrax said:
So I haven't called my insurance yet, what is the process if I don't agree with their final determination? Who's at fault?
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If you don't agree you can always sue the other party in small claims court to recover your deductible and other expenses. 99% of the time the insurance company will just say its shared fault unless you have something like video proof. Also you can file a complaint with your state's board of insurance. Not sure how far you'll get with these things, but they are the next steps.
 
slag said:
Sigh.. Working for an insurance company and having a spouse that is an adjuster for an insurance company, i can 100% guarantee you that is not how reputable insurance companies operate. Fault and law are two different things and fault is assigned differently. Insurance companies, at least ones who are worth a crap, don't try to weasel out of things, they assign fault based on several factors and do it fairly.
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I have already called my ins company and filed a claim with them. They indicated they would try to get the other ins company to take 100% liability. What are the next steps if I don't agree with the 50% thing.
 
steppinthrax said:
I have already called my ins company and filed a claim with them. They indicated they would try to get the other ins company to take 100% liability. What are the next steps if I don't agree with the 50% thing.
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Call your adjuster and ask them to go over why they made that decision or go through your agent and express your displeasure and present an argument why you feel this is incorrect. Be able to cite the police report (you can get a copy when its available or your insurance company should provide you a copy, usually free), and other circumstances where you feel that it is not your fault. If you don't like their reasons, you are free to speak to their supervisor or sue.
 
Update,

So here's the update, the accident that I was talking about occurred on the 4/15. Our side with their insurance is done and for the most part, my wife provided the statement etc. However the other party seems to be intentionally not calling to provide her statement.

Today is the 29th. My question to her insurance was, What is the procedure if the other driver wishes to delay/not call? It appears they would upgrade this to another agent and go further up from there.

So my question is why isn't she providing a statement to her own insurance. Is it advantageous to her not to provide a statement?
 
Worst case it goes to arbitration and both sides will have to follow the ruling.

A cube truck drove across teh nose of my wifes car while we were stopped. The driver tried to blame it on us. He even told the cops we fled the scene. Since the driver totally lied, it went to arbitration because our side wasn't going to take the cube truck drivers fictional story. End result, we obviously won got my deductible back etc.

When that driver told the cops I fled... lol. That was funny. A motorcycle cop showed up at my house as I was taking my kids to school. He looked at the damage to the front of the car and shook his head. We had a good chat, he apologized for taking up my time, etc.
 
steppinthrax said:
Update,

So here's the update, the accident that I was talking about occurred on the 4/15. Our side with their insurance is done and for the most part, my wife provided the statement etc. However the other party seems to be intentionally not calling to provide her statement.

Today is the 29th. My question to her insurance was, What is the procedure if the other driver wishes to delay/not call? It appears they would upgrade this to another agent and go further up from there.

So my question is why isn't she providing a statement to her own insurance. Is it advantageous to her not to provide a statement?
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Yes if she has a shitty insurance company they just use that as a reason to not pay. Then you would have to sue her. For many they give up.
Some a-hole did this with me so I sued and then made their slimy insurance company pay for a lawyer as well.
 
Jimzz said:
Yes if she has a shitty insurance company they just use that as a reason to not pay. Then you would have to sue her. For many they give up.
Some a-hole did this with me so I sued and then made their slimy insurance company pay for a lawyer as well.
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State Farm
 
Jumpem said:
Based on my experiences I would expect them to take care of everything. I wouldn't worry much more about it.
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Thanks,

But why would the other party avoid making a statement. What would be the advantage of doing this? Is it just laziness or avoidance/delay. My thinking is there is some strategy to make it hard to get a payout.
 
steppinthrax said:
Thanks,

But why would the other party avoid making a statement. What would be the advantage of doing this? Is it just laziness or avoidance/delay. My thinking is there is some strategy to make it hard to get a payout.
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PPL are assholes? Read my post above. Some guy hit our car, then tried to blame us for it. Why would they do something like that?
 
steppinthrax said:
Thanks,

But why would the other party avoid making a statement. What would be the advantage of doing this? Is it just laziness or avoidance/delay. My thinking is there is some strategy to make it hard to get a payout.
Click to expand...

State Farm will cover everything. The only thing up for debate is your deductible.
 
this:
Jumpem said:
State Farm will cover everything. The only thing up for debate is your deductible.
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and this:

Stopsignhank said:
Are you talking to her insurance company? You should only be talking to your insurance company. Let the two insurance companies hash it out. You sound like you are putting yourself through a lot of unnecessary heartache.
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i have state farm. if/when I file a claim I put it on my agent to handle all the BS you are putting yourself in the middle of. just worry about what bodyshop will repair your car the best and that should be the extent of your involvement. State farm will get a hold of you if they need something further
 
steppinthrax said:
Thanks,

But why would the other party avoid making a statement. What would be the advantage of doing this? Is it just laziness or avoidance/delay. My thinking is there is some strategy to make it hard to get a payout.
Click to expand...

There isn't any advantage for them to do it. Most likely they are planning on lying to their insurance company but haven't worked up the courage to actually do it. If they make a statement it sets their story in stone.
 
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