What's my next step? No fault car accident.

[Knoxtnhorn 5976]

So last Sunday morning I woke up with a lovely note on my door asking me to call re: the "car accident".

Some aggy f'd my truck up overnight.  It was parked - legally - in the street.  Spoke to the guy Sunday.  He said he had no idea how he missed the turn - a full 30 feet before my truck.  He hit it hard enough to knock it into my front yard and it is undriveable.

Anyway, I was told I'd hear from his insurance company (Progressive) the next day.  By Tuesday, I still hadn't heard anything, so I called.  Of course, it was the first they'd heard of it.  I filed a claim. It is now Thursday evening and... nothing.  I called around 3PM but was only able to leave a message with - what I'm assuming to be - the local agent.

I understand that accidents happen; however, I'm now on Day 5 without my fucking truck.  My wife is having to drop me off about an hour earlier than I'd normally arrive at work.  My parents are having to pick me up.  My GD truck is still sitting in front of the house.  This is some bullshit.  What's the process by which I can get this crap handled?  

 

[Gil Bang 25960]

Call your insurance company and start a claim. They will deal with the dipshit’s insurance company.

 

You’ll be in a rental about 30 minutes later

[Knoxtnhorn 5976]

Gracias.  I actually did on Sunday but wasn't sure how the process worked.  I've never been in a situation which was so cut and dry.  I didn't know if starting something on my end would trigger my deductible ($500).

Edited March 29, 2019 by Knoxtnhorn

[Gil Bang 25960]

I’ll bet if you check your policy, you will find that there is no deductible in this situation.

The other guy’s insurance is going to pay for all of the expenses, so your deductible will not apply.

Your insurance will handle all your expenses and send a bill to the other guy’s insurance company.

[T’Boo Ted Marshall 2732]

That’s wrong. Anytime you use your insurance your deductible will be enforced.

If you are not at fault they’ll try to subrogate against the at fault carrier and the first money they recover goes to you for your deductible.

Raise hell with Progressive, don’t sit around and wait for them to call.

[Fat Bastard 600]

8 minutes ago, Gil Bang said:

I’ll bet if you check your policy, you will find that there is no deductible in this situation.

The other guy’s insurance is going to pay for all of the expenses, so your deductible will not apply.

Your insurance will handle all your expenses and send a bill to the other guy’s insurance company.
 

...and still find a way of raising your premiums 

[Gil Bang 25960]

36 minutes ago, T’Boo Ted Marshall said:

That’s wrong. Anytime you use your insurance your deductible will be enforced.

If you are not at fault they’ll try to subrogate against the at fault carrier and the first money they recover goes to you for your deductible.

Raise hell with Progressive, don’t sit around and wait for them to call.

I stand corrected. T'boo  is an expert, and I am not.

 

But, I had a similar experience to OP several years ago, and my deductible did not apply.   That was the basis for my post.  My carrier was AAA. 

[T’Boo Ted Marshall 2732]

I was cursed to have worked in Claims for a long time. I’m in recovery now.

[Telegraph_it 3357]

9 hours ago, Fat Bastard said:

...and still find a way of raising your premiums 

Possibly. I’ve been rear ended 4 frikin times in Houston traffic and my premium increase has been negligible. Repair bills of $18k, $11k, $2k, and $1k. Helps when you are not at fault each time. 

[52-80 19159]

step 1.  start walking around in a neck brace.  post some social media selfies with you in one, just for safe keepin

[T’Boo Ted Marshall 2732]

Another tidbit, Progressive usually sends a survey.  If you rail them on that, you'll get a response very quickly.  

You can also file a TDI complaint about them dragging their feet as that gets Management involved.  

[TwiceHorn 31479]

Just for the record, "no fault" is kind of a specialized term for states that have an insurance scheme that isn't based on the determination of fault or negligence liability for the damage.  It's a bizarre deal.

But yeah, if you start a claim with AND wind up getting compensated by your insurance company, you will have to pay the deductible, usually to the body shop that does the work, as in "you owe your deductible on this bill, they got the rest."

But that's only if the other dude's insurance doesn't step up and cover.  If they don't, your insurance will continue to "fight" halfheartedly at least to establish his fault through argument and inter-insurance arbitration.  If they can force the other dude's insurance to cover, you'll get your deductible back.  If not, they will send you a letter saying they couldn't and you now have the right/ability to sue the guy, which is your only recourse.

I don't think there's ever a reason not to start a claim with your insurance.  It's naive to think they will never find out you were involved in an accident, even if it's not your fault, unless you don't use anyone's insurance.  If it was your fault, you're obligated to either pay the guy or involve your insurance, if it wasn't, that will be duly noted by your insurance.

As noted in the thread, if you have an accident that is clearly your fault, you can expect your premium to rise, for obvious reasons.  There is also a suspicion that if you even make a claim or involve your insurance in any way, you will also suffer a premium increase.  That is less certain, but it's possible that insurance companies use "accident involvement" as well as fault as a statistic to label you a higher risk.  If they are that into it, they're going to find out about your involvement anyway, most likely.

Edited March 29, 2019 by TwiceHorn

[NeverMarryAStripper 21907]

How does someone hit your truck hard enough to knock into your front yard without you hearing it?  Also, you should post about it on texaggy.

Edited March 29, 2019 by NeverMarryAStripper

[horn4life 3760]

Easiest thing is to call your insurance company and let them fuck with Progressive.  Ask your insurance company if you should file hit and run complaint? You will technically be out your $500 deductible until your carrier gets it out of Progressive, but no vehicle to drive is your real problem.  

[NeverMarryAStripper 21907]

In the last 5 years, I've been rear ended 3 times on Houston freeways.  In each case I went through my insurance company and got a rental.  In each case, by the time I got my car out of the shop the insurance companies had sorted out that I was not at fault and I never actually had to come up with the deductible.  In your case it doesn't sound like it should be too hard to establish who was at fault. Also, I would absolutely look into hit and run.  It couldn't hurt to have that in your back pocket if needed.

Edited March 29, 2019 by NeverMarryAStripper

[kmac30 416]

Seems like there’s a lot more to the hit on this story. Your truck ends up in the front yard and inoperable and this guy was able to drive off? He missed a turn by 30 feet?

Where are the pics?

[DallasHorn26 586]

Same thing happened to me about a year ago. Woke up to my car being plowed
into the car in front of me. They actually left a note and a police officer had left his card. Some drunk hit it at 4am and ran off. The female passenger in he car stayed behind and took blame (according to people that lived in the apartment just outside of where I was parked). Filed with state farm, gave them the Geico insurance info that was left behind. Car was declared a total loss, so lender was paid the assessed value (less deductable). I was only 3 payments in, so thank God for the gap insurance I got suckered into at the dealer. A year later, it's still in subordination and no sign of recovering that deductable.

[Cheeseweasel 26438]

55 minutes ago, kmac30 said:

Seems like there’s a lot more to the hit on this story. Your truck ends up in the front yard and inoperable and this guy was able to drive off? He missed a turn by 30 feet?
 

Drugs are a hellofa drug.

[C-Man 27229]

Helps when you are not at fault each time. 

This.

Also, it sucks but this is why you buy uninsured/underinsured motorist coverage. At some point let your carrier handle the details. Progressive can be a nightmare in claims situations.

[DLev 12]

I had one clearly the other guy's fault, but eventually had to go through my insurance company when the insurance he gave me said he wasn't a customer.  Like others said I had to pay $500 to the body shop, but my insurance company set me up with a rental car, and that was seamless.  Eventually my insurance company gave up trying to subrogate (even though I had a police report showing other guy was at fault and a picture of his driver's license, dude was driving a rental car rented by someone else, so they could never find HIS insurance) and sent me a check for $250 (i.e., half the deductible).  I suspect that isn't a universal feature of all insurance policies, but was a nice surprise.

EDIT: When I sold the car nine months later I was told that they had to significantly discount what they would offer given the repair work.  So if you eventually get through to their insurance company and the car isn't totaled, apparently you can demand the loss in resale value in addition to the repair costs.

Edited March 29, 2019 by DLev

[C-Man 27229]

1 hour ago, DallasHorn26 said:

Same thing happened to me about a year ago. Woke up to my car being plowed
into the car in front of me. They actually left a note and a police officer had left his card. Some drunk hit it at 4am and ran off. The female passenger in he car stayed behind and took blame (according to people that lived in the apartment just outside of where I was parked). Filed with state farm, gave them the Geico insurance info that was left behind. Car was declared a total loss, so lender was paid the assessed value (less deductable). I was only 3 payments in, so thank God for the gap insurance I got suckered into at the dealer. A year later, it's still in subordination and no sign of recovering that deductable.

Subrogation

3 minutes ago, DLev said:

I had one clearly the other guy's fault, but eventually had to go through my insurance company when the insurance he gave me said he wasn't a customer.  Like others said I had to pay $500 to the body shop, but my insurance company set me up with a rental car, and that was seamless.  Eventually my insurance company gave up trying to subrogate (even though I had a police report showing other guy was at fault and a picture of his driver's license, dude was driving a rental car rented by someone else, so they could never find HIS insurance) and sent me a check for $250 (i.e., half the deductible).  I suspect that isn't a universal feature of all insurance policies, but was a nice surprise.

EDIT: When I sold the car nine months later I was told that they had to significantly discount what they would offer given the repair work.  So if you eventually get through to their insurance company and the car isn't totaled, apparently you can demand the loss in resale value in addition to the repair costs.

Called diminution of value -- always a crapshoot whether you'll get anything out of this.

[C-Man 27229]

5 hours ago, TwiceHorn said:

I don't think there's ever a reason not to start a claim with your insurance.  It's naive to think they will never find out you were involved in an accident, even if it's not your fault, unless you don't use anyone's insurance.  If it was your fault, you're obligated to either pay the guy or involve your insurance, if it wasn't, that will be duly noted by your insurance.

Never start with your insurance if it's clear you're not liable -- and the other party and his/her insurance carrier is responsive. There's no reason your carrier would ever find out if you're involved in a wreck that somebody else's insurance covers. Assuming it gets handled from the other side'to your satisfaction, your carrier won't know if you don't tell them. At least I've never seen that happen. And even if they did, you're under no obligation to let them know unless you're at fault and will be trying to file a claim.

[Clintonaldo 2574]

Filing a third party complaint with Department of Insurance is worthless in most states. I would go through my own company if I were you. They will want to make sure repairs are done correctly. Other company don’t give a shit. 

[torre 1286]

Have you talked to the individual since ?    Neighbor you trust and you agreed to exchange information ?

May need a police report for the insurance company.

 

[Knoxtnhorn 5976]

Thanks for all the responses.

Guy left note overnight Sat.  I didn't hear it as I sleep upstairs at the far end of the house.  Several neighbors heard it and came by to let me know the next day.

I talked to the guy on Sunday.  He said I'd hear from his insurance company the next day.

Monday - nothing.

Tuesday - I call his insurance company and it's the first they're hearing of the situation.

Wednesday - nothing

Thursday - I call but have to leave a msg

Friday - receive call from Progressive.  He's not answering or returning their calls.  I kind of do a little bitching.  I don't mind waiting on repairs, but I need a GD rental or somesuch.  

I'll be updating tomorrow.  I'd normally be more proactive; however, this week has been quite difficult at school.  My focus has been in the classroom.

[TwiceHorn 31479]

15 hours ago, C-Man said:

Never start with your insurance if it's clear you're not liable -- and the other party and his/her insurance carrier is responsive. There's no reason your carrier would ever find out if you're involved in a wreck that somebody else's insurance covers. Assuming it gets handled from the other side'to your satisfaction, your carrier won't know if you don't tell them. At least I've never seen that happen. And even if they did, you're under no obligation to let them know unless you're at fault and will be trying to file a claim.

Alrighty then.  I just kind of assumed that like carfax gets data on wrecks (maybe from insurance companies), insurance companies get similar information.

As an insurance pro, do you think/know that insurers raise rates based on accidents in which you aren't at fault?

[Knoxtnhorn 5976]

After reading this thread and elsewhere, it appears as if my best bet is just to go through my insurance company and hope I receive my deductible via subrogation.  Paying the deductible is not a financial issue as we're fine on that end.  I just didn't want to pay it if there's a chance I don't get it back.  In speaking with the Progressive rep, it appears as if part of the issue may be something specific to the policy.  Could be why he's avoiding calls.

The immediate problem is that I don't have rental car coverage on my own policy.  I suppose I can continue to get rides to and from school; however, it's kind of a pain in the ass - especially considering that it's "Testing Season".  

BTW, anyone else sick of a society that doesn't take care of its responsibilities?  If I did something like this, I'd go FAR out of my way to ensure that the affected party got immediate results. 

Edited March 30, 2019 by Knoxtnhorn

[T’Boo Ted Marshall 2732]

Alrighty then.  I just kind of assumed that like carfax gets data on wrecks (maybe from insurance companies), insurance companies get similar information.
As an insurance pro, do you think/know that insurers raise rates based on accidents in which you aren't at fault?

Some Carriers don’t run your “history” at each renewal.

[C-Man 27229]

4 hours ago, TwiceHorn said:

Alrighty then.  I just kind of assumed that like carfax gets data on wrecks (maybe from insurance companies), insurance companies get similar information.

As an insurance pro, do you think/know that insurers raise rates based on accidents in which you aren't at fault?

I don't *know* per se but the occasional NAF accident shouldn't have that much of an effect on the rate. However, if there's a pattern I think the carriers' rating system will price accordingly, whether it's your fault or you're just unlucky.

3 hours ago, Knoxtnhorn said:

After reading this thread and elsewhere, it appears as if my best bet is just to go through my insurance company and hope I receive my deductible via subrogation.  Paying the deductible is not a financial issue as we're fine on that end.  I just didn't want to pay it if there's a chance I don't get it back.  In speaking with the Progressive rep, it appears as if part of the issue may be something specific to the policy.  Could be why he's avoiding calls.

The immediate problem is that I don't have rental car coverage on my own policy.  I suppose I can continue to get rides to and from school; however, it's kind of a pain in the ass - especially considering that it's "Testing Season".  

BTW, anyone else sick of a society that doesn't take care of its responsibilities?  If I did something like this, I'd go FAR out of my way to ensure that the affected party got immediate results. 

Not to ball-bust -- why you no buy rental car coverage? Clearly you need(ed) it. I hope you have uninsured because it sounds like it might come into play here.

[C-Man 27229]

11 hours ago, Knoxtnhorn said:

Friday - receive call from Progressive.  He's not answering or returning their calls.  I kind of do a little bitching.  I don't mind waiting on repairs, but I need a GD rental or somesuch.  

Sadly, this happens all the time. Progressive won't accept liability until they talk to their insured. If he never answers their calls, you're gonna be SOL.

[Knoxtnhorn 5976]

2 hours ago, C-Man said:

I don't *know* per se but the occasional NAF accident shouldn't have that much of an effect on the rate. However, if there's a pattern I think the carriers' rating system will price accordingly, whether it's your fault or you're just unlucky.

Not to ball-bust -- why you no buy rental car coverage? Clearly you need(ed) it. I hope you have uninsured because it sounds like it might come into play here.

I do have uninsured.  Good point on the rental car coverage.  With two cars and parents in town, I guess it wasn't a necessity.  I can get around town as it is.  It's just annoying.

[BottleRocket 646]

I was rear ended and my car was totaled. At fault driver had progressive and I had USAA. I turned the process over to USAA and only had to give a five minute statement over the phone with the progressive folks. USAA got me a rental car right away and cut me a check for the whole mess a week later. They waived my entire deductible.

[Knoxtnhorn 5976]

41 minutes ago, BottleRocket said:

I was rear ended and my car was totaled. At fault driver had progressive and I had USAA. I turned the process over to USAA and only had to give a five minute statement over the phone with the progressive folks. USAA got me a rental car right away and cut me a check for the whole mess a week later. They waived my entire deductible.

Nice humblebrag. 

[Cosimo de' Medici 121]

Maybe already discussed as I didnt read. File a diminished value claim with the other insurance. They will want to send an adjuster to inspect. If repairs already underway, send as.many pics as possible. Passing on from experience as I missed out getting anything from my wife's no-fault last year

[T’Boo Ted Marshall 2732]

Depends on if it is a UM/UIM claim. Most carriers exclude this first party claim in their policy.

[Nueces River Rat 5539]

Also a call to the local PD should have been placed since it was on a public street.  I mean I don't think you would necessarily do it to be a butthole, but at least it gives some teeth to the claim because the guy on the other end so much admitted he was at fault.  So it get's it on the record.  

We screwed up not doing this a couple of years ago with my wife's vehicle.   She was driving down a major street when a cold front hit and the winds were clocked around 50 mph and one of those temporary construction signs landed on the hood and windshield of her vehicle.   My insurance company was swift to pay for the damages and rental, but I had to still pay my deductible.   The BS started when I filed a claim with the City is when they handed it of the contractor for the construction project who then in turn handed it off to the company they contracted for the signs and barriers.    

The mistake I made was not having my wife call the PD on the spot so they could have come out a saw what occurred.   She was in panic and I was unable to meet her at the scene, so she slowly drove home.   So it became her word against the contractors word and their insurance company denied any liability. 

Edited March 31, 2019 by Nueces River Rat

[NeverMarryAStripper 21907]

That’s when you file suit against them in small claims court. If they blow you off there, you get a default judgement and eventually the Sheriff starts auctioning off company assets.

[Nueces River Rat 5539]

2 hours ago, NeverMarryAStripper said:

That’s when you file suit against them in small claims court. If they blow you off there, you get a default judgement and eventually the Sheriff starts auctioning off company assets.

Yep.  Lesson learned.

Still,  when anything involves an incident on public road or venue, it's best to get it on the record with the police so the "he said/she said defense" can't be used.  

[Knoxtnhorn 5976]

I guess it's a little late for that.  I do still have the note that basically claims responsibility by the guy.

[George 492]

When I was a kid, we had two cars totaled out in front of the house in a 1 week period. The first one, we hear the crash outside and go out to find my sister’s car in the front yard. The second time, I heard the noise and knew exactly what it was. Went out and found her bf’s car in the front yard. 

This was back before cell phones too.  The road wasn’t narrow either. Insane. 

[ShaggyBevo RIP 3868]

On 3/29/2019 at 4:12 PM, C-Man said:

Never start with your insurance if it's clear you're not liable -- and the other party and his/her insurance carrier is responsive. There's no reason your carrier would ever find out if you're involved in a wreck that somebody else's insurance covers. Assuming it gets handled from the other side'to your satisfaction, your carrier won't know if you don't tell them. At least I've never seen that happen. And even if they did, you're under no obligation to let them know unless you're at fault and will be trying to file a claim.

A decade ago I would have agreed with most of this but nowadays I always recommend filing with your insurance and letting them subrogate.  People that admit fault frequently change their story later.  

[SHOOTER12 8810]

On 3/29/2019 at 12:18 PM, NeverMarryAStripper said:

How does someone hit your truck hard enough to knock into your front yard without you hearing it?  Also, you should post about it on texaggy.

Damn, you don't think it's that racist Daniel Figurelli do you?

[C-Man 27229]

2 hours ago, ShaggyBevo RIP said:

A decade ago I would have agreed with most of this but nowadays I always recommend filing with your insurance and letting them subrogate.  People that admit fault frequently change their story later.  

Perhaps. But with auto insurance the way it is -- very expensive and very difficult to place when there's activity on your reports -- I'd just as soon keep it off my policy at all costs if I can avoid it. So long as you have temporary transportation in the event your car is not able to be driven, I don't see any pressing reason not to give the other guy's carrier a period of time to do the right thing before escalating and going through your carrier. Just make sure you document as much as you can to be ready to give good details to your carrier if things get squirrely.

[HRSchenker 2268]

On 3/31/2019 at 10:14 AM, Nueces River Rat said:

Also a call to the local PD should have been placed since it was on a public street.

1

Is that still a thing? My wife and I drove through Tulsa a few years ago and some dickhead threw a full sized beer bottle at our windshield. We called Tulsa PD and they refused to send out an officer. Told us to go to a QT gas station, get a blank report, fill it out, and mail it to their HQ. Her insurance covered everything but damn I was surprised that they wouldn't take a report.

[elfenix 34243]

i've always been under the impression that HPD ain't coming out unless someone is dead. 

[Telegraph_it 3357]

7 minutes ago, elfenix said:

i've always been under the impression that HPD ain't coming out unless someone is dead. 

We’d probably be better off if that was actually the case. 

[NeverMarryAStripper 21907]

If they do come out you know someone is going to be dead

[Nueces River Rat 5539]

Is that still a thing? My wife and I drove through Tulsa a few years ago and some dickhead threw a full sized beer bottle at our windshield. We called Tulsa PD and they refused to send out an officer. Told us to go to a QT gas station, get a blank report, fill it out, and mail it to their HQ. Her insurance covered everything but damn I was surprised that they wouldn't take a report.

Depends on the city and the situation. Some PDs will give you a case number over the phone and have you follow certain procedure with the other involved individual(s). While others are hands off unless there are injuries, obstructions to traffic or god forbid, fatalities.

[RPM 26321]

On 3/29/2019 at 6:14 AM, Telegraph_it said:

Possibly. I’ve been rear ended 4 frikin times in Houston traffic and my premium increase has been negligible. Repair bills of $18k, $11k, $2k, and $1k. Helps when you are not at fault each time. 

You were at fault for driving in Houston.

[Knoxtnhorn 5976]

JFC.  I feel like I'm in the GD'd Twilight Zone.

So, Progressive sent me an e-mail.  They are denying coverage.  I'm assuming that the son isn't covered on the father's insurance.  Whatevs.  Worst case scenario, I'm out $500.

My current issue is with AAA - my insurance provider.

Since last Wednesday, I've called my local agent at least 8 times.  I've left at least 6 messages.  No return call, e-mail, or text.

This morning, I filed a complaint with AAA's main website basically stating I'm not getting any help with my issue.  I got an e-mail stating they've received my msg and will forward it to the proper dept. 

At 11AM this morning, I called my agent again and noticed that I could hit "0" and speak to someone immediately.  I did this and got someone in CA.  After being put on hold for 15 mins, I hung up.  (I teach so I only have a few mins here and there to take care of personal matters.)

During lunch, I find AAA's Twitter account and complain.  They DM for my info, which I provide.  8 hours later, nothing.

What in the holy fucking shit is going on?  Is there a 3rd party that I can contact re: this ridiculous situation?