Chain Collision Rear Ended

[vipervin]

I was rear ended last night (9:00p) in what seemed to be a chain collision. I was in the front, a mini-van was behind me, and some other vehicle(s) were behind him. I was stopped at a red-light for a good 30 seconds when I was impacted by the mini-van behind me.

When the light turned green, we both pulled over. He said another vehicle hit him from behind causing him to hit me. We exchanged insurance information, but the other vehicle he claimed that hit him "ran" from the scene.

I spoke with my AAA insurance agent, and he was very unhelpful. Since I just had basic coverage and no collision, he told me to call the mini-vans insurance company (Farmers Insurance) to fight for a claim. Now here is the kicker... he mentioned that since the third car hit the mini-van, Farmers insurance can easily deny my claim. I was obviously furious at this point since the mini-van was tail gating me and would obviously hit me.

I have not spoke with Farmers yet, but do you guys have any suggestions? I find this incredibly unfair if Farmers does not repay me for my damages.

 

[Zigner]

US Law Only!

Also, you have been given your advice already

 

[vipervin]

What is the name of your state (only U.S. law)? California

What do you mean I have been given my advice already....?

 

[ecmst12]

If you only felt one impact, it means that the minivan was pushed into you. They have no liability as they are not at fault. If the driver behind the minivan was not identified, and you have no collision or uninsured motorist coverage, you are SOL. Should have had full coverage, if your car is worth more then you can afford to lose.

 

[JustAPal00]

How can someone be tailgating a stopped vehicle? I was always told 2 seconds behind the car in front.

 

[Zigner]

What is the name of your state (only U.S. law)? California

What do you mean I have been given my advice already....?

"...he told me to call the mini-vans insurance company (Farmers Insurance) to fight for a claim."

 

[vipervin]

If you only felt one impact, it means that the minivan was pushed into you. They have no liability as they are not at fault. If the driver behind the minivan was not identified, and you have no collision or uninsured motorist coverage, you are SOL. Should have had full coverage, if your car is worth more then you can afford to lose.

How does one impact constitute that the minivan was pushed into me? He could have let go of his brakes and still impacted me.. right? I dropped my collision coverage because I thought if someone else hit me, his insurance would have to cover me since he was at fault. What is the point of getting collision when I drive safely and never have caused an accident myself? I still do not understand how I can be SOL when I was hit from the behind.

How can someone be tailgating a stopped vehicle? I was always told 2 seconds behind the car in front.

Tailgating meaning he was stopped inches away from my vehicle. Both being stopped, his minivan's front bumper was inches away from my rear bumper.

"...he told me to call the mini-vans insurance company (Farmers Insurance) to fight for a claim."

I mean I want real advice... of how I could fight this especially when someone hit me from behind.

 

[Zigner]

Q: What is the point of getting collision when I drive safely and never have caused an accident myself?

A: I was rear ended last night (9:00p)

 

[Zigner]

I mean I want real advice... of how I could fight this especially when someone hit me from behind.

Oh, you want REAL advice...I'm sorry, I misunderstood

Look, you will have to file a claim with his insurance company. If you are denied, you can sue him. You COULD just skip filing the claim and skip directly to suing if you'd like.

 

[vipervin]

Q: What is the point of getting collision when I drive safely and never have caused an accident myself?

A: I was rear ended last night (9:00p)

Exactly, I was rear-ended, NOT I rear-ended someone else. I dropped my collision because I was paying high premiums for something I don't do. The amount I was paying in premiums, I could buy a new car every ~4 years.

 

[vipervin]

Oh, you want REAL advice...I'm sorry, I misunderstood

Look, you will have to file a claim with his insurance company. If you are denied, you can sue him. You COULD just skip filing the claim and skip directly to suing if you'd like.

lol.. yeah real advice. I guess that's getting somewhere.

 

[ecmst12]

You have collision coverage to protect yourself in case you are at fault (but still need your car fixed), or if you are hit by an unidentified or uninsured driver, or if you end up in a driver vs driver situation - full coverage means no matter what happens, you won't be out more then your deductible.

I assume that before Farmers denied your claim, they inspected their vehicle and found fresh damage to the rear. You can ask to see the pictures of it if you like. That damage proves he was hit and pushed into you. There is no such thing as 'stopping too close'. If he stopped without hitting you, then was hit from behind and pushed into you, he is as much of an innocent victim as you are.

 

[vipervin]

You have collision coverage to protect yourself in case you are at fault (but still need your car fixed), or if you are hit by an unidentified or uninsured driver, or if you end up in a driver vs driver situation - full coverage means no matter what happens, you won't be out more then your deductible.

Thanks for clarifying that. I always that collision was just to protect yourself in case you are at fault and want your own car fixed. I never knew that if someone else hit you, you still need collision. Seems a bit unfair...

I assume that before Farmers denied your claim, they inspected their vehicle and found fresh damage to the rear. You can ask to see the pictures of it if you like. That damage proves he was hit and pushed into you. There is no such thing as 'stopping too close'. If he stopped without hitting you, then was hit from behind and pushed into you, he is as much of an innocent victim as you are.

That makes sense, but I did not hit the car in front of me because I stopped a safe distance. The car behind me was inches away.

 

[Zigner]

Exactly, I was rear-ended, NOT I rear-ended someone else. I dropped my collision because I was paying high premiums for something I don't do. The amount I was paying in premiums, I could buy a new car every ~4 years.

As was pointed out, collision would have covered you in this instance. Using your logic, I can assume that you took that money that you're NOT paying in premiums and set it aside in a savings account, right?

 

[Zigner]

Thanks for clarifying that. I always that collision was just to protect yourself in case you are at fault and want your own car fixed. I never knew that if someone else hit you, you still need collision. Seems a bit unfair...



That makes sense, but I did not hit the car in front of me because I stopped a safe distance. The car behind me was inches away.

The car stopped safely behind you. What is the problem?