Help

[babs4015]

What is the name of your state? New Jersey. Need some advise on how to handle an insurance company that is refusing to pay 100% liability. I had an accident in Jan. I was driving down the road and driver two was stopped at a stop sign. I continued through the intersection when all of a sudden driver 2 came through the stop sign and hit me on the drivers side back tire and quarter panel. The police were called and unfortunately they stated in the report that she hit me in the front and they won't amend the report. What can I do?:

 

[ecmst12]

The report doesn't need to be amended. A simple photograph of your vehicle will show where it was hit.

 

[VeronicaLodge]

do you have collision? file under your insurance and let them subrogate against the drivers insurance.

 

[babs4015]

I have full coverage, but I don't want my rates to go up or have to pay a surcharge or have pay a $500.00 deductible for something that wasn't my fault. I have been told that if I had the right away and she had a stop sign she is a 100% liable. Is this correct?

 

[ecmst12]

As far as I know, that is correct.

 

[babs4015]

Thank you.

 

[VeronicaLodge]

I have full coverage, but I don't want my rates to go up or have to pay a surcharge or have pay a $500.00 deductible for something that wasn't my fault. I have been told that if I had the right away and she had a stop sign she is a 100% liable. Is this correct?

if its their fault and you have collision, it wont make your rates go up at all. you will have to pay your deductible but your car will get fixed and you wont have to deal with their insurance, your insurance will do it for you and when they recover from them, you will get your deductible back.

 

[babs4015]

thank you for that information people have been telling just the opposite.

 

[VeronicaLodge]

thank you for that information people have been telling just the opposite.

what did your insurance company tell you? I was just in a nearly identical accident in December, going straight thru stop sign, guy across from was going to turn left, he was looking right and turned right into my driver side rear wheel which affected the back door and back quarter panel as well. he admitted fault. i had collision, my agent (state farm) told me i could either deal with his insurance directly or file under collision, pay my deductible and then they would handle it and get my deductible back and my rates would not be affected because the accident was not my fault. the car got fixed, my rates have not gone up, but im still waiting for Allstate to pay state farm so i can get my deductible back. but i have not had to waste time getting my car fixed nor have i had to waste time on the phone arguing with Allstate.

i figure, even if for some reason i dont get my deductible back, it was worth it to me to not have all that hassle. and my deductible was only 250.

 

[babs4015]

Well, I have learned my lesson and next time I'm paying my deductible, but her insurance company actually settled with me today for 100%, (yeah)! but I do have one other question, now that my car has been in an accident the resale value of car has gone down is there any way to capture the loss?

This site has been a great help once again thank you all for the help