If I accept payment from other drivers' auto insurance company, can I still appeal it or a file lawsuit later

[Mark_A]

Georgia rules on “fair and equitable” settlements (unsure if there have been recent amendments to the rules):

https://rules.sos.ga.gov/goc/120-2-52

At this point the matter of contention is the liability of each driver. For example, is the driver that hit me 100% liable, or only 85% liable, as claimed by his insurance company because they claim I should have taken more action to avoid the collision to mitigate the damages.

Once the issue of liability is determined, then the issue of a fair and equitable settlement to get repairs made comes into play. This could be another battle between me, the insurance company, and the Body Shop. However, if this goes to Small Claims Court to determine liability, and I have 3 estimates to determine the amount of damages, then that would probably be decided on that basis.

 

[BensonBingham]

Accepting payment from the other driver's insurance company could affect your ability to pursue further claims, depending on the terms of the settlement. In many cases, signing a settlement agreement would release the insurance company from any future liability, which could limit your ability to sue later.

 

[LdiJ]

Excellent point. But there is another side to the coin. A lawsuit in small claims court is an expensive hassle for an insurer. The insurer owes a defense for its insured. The insurer would have to hire a local attorney or send an employee (from Chicago?). Texas Rules of Civil Procedure 500.4(b) allows a corporation to be represented in small claims court by an employee, owner, officer, or partner of the entity who is not an attorney.

(Note: Chicago and Texas gleaned from Mark_A's post down the street.)

Insurers don't like to admit it but the potential cost of litigating a disputed claim is in our thoughts.

Strategically, file the suit and somebody at the insurance company will have to decide if it's worth the expense to litigate over a few hundred dollars.

Besides, small claims court rarely takes more than a month or two. That's how it's designed. Informal and fast.

And, as Zigner notes, the insurer pays the judgment.

I didn't think about it from that angle. I can definitely see that working with an insurer who lowballs everybody!

 

[adjusterjack]

The biggest concern I have is that they may want to try and total my car, which is only worth about $6,000 at most.

You mentioned on the other site that the damage might be $5000 but you suspect that it would be closer to $3500. Have you taken the car to a shop of your choice to get an estimate? If you haven't you should do it because speculation based on those amounts isn't going to help you.

The Total Loss Formula in Georgia is if cost to repair plus the salvage value is greater than or equal to the ACV of the vehicle, it's a total loss. At $5000 in repairs it's likely a total loss. At $3500 in repairs likely not.

If it's a total loss you can retain the vehicle by accepting the ACV less the salvage value. You would be issued a salvage title and you would not be able to register or use the vehicle until you repaired it, had it inspected and were issued a rebuilt title.

More information at:

Salvage Titles | Department of Revenue

Also, if I accept 15% liability (get 85% of my damages covered by other drivers' insurance), then that opens me up to a claim against my insurance company for 15% of the damage to the other car,

That's right.

 

[Mark_A]

You mentioned on the other site that the damage might be $5000 but you suspect that it would be closer to $3500. Have you taken the car to a shop of your choice to get an estimate? If you haven't you should do it because speculation based on those amounts isn't going to help you.

I originally took it to a highly rated Body Shop and they took pics and wanted to work directly with the insurance company so they didn't give me an estimate. That was just before I found out about the insurance company wanting to only pay 85%.

I will go back to the shop and get a written estimate, and 2 other estimates, in preparation for Small Claims Court.

Here are photos of the damage (use right arrow to see all pics). The body shop said it will need a new front bumper cover, which is where the first contact took place.
Photos of damage to my car (4 photos, front to back along right side of car)

 

[Mark_A]

You mentioned on the other site that the damage might be $5000 but you suspect that it would be closer to $3500. Have you taken the car to a shop of your choice to get an estimate? If you haven't you should do it because speculation based on those amounts isn't going to help you.

The Total Loss Formula in Georgia is if cost to repair plus the salvage value is greater than or equal to the ACV of the vehicle, it's a total loss. At $5000 in repairs it's likely a total loss. At $3500 in repairs likely not.

Got my first estimate today from a highly regarded repair shop, and it was $3,200. I will get two others to present in Small Claims Court, if the insurance company refuses to assign 100% liability to their insured driver.

 

[Mark_A]

I just received this reply from the other driver's insurance company:

"Thank you for your recent email regarding your claim. As part of our standard claim procedure, we complete our own estimates for vehicle damages. We will gladly move forward with completing an estimate for your vehicle damages on your behalf. This allows us to accurately assess the extent of the damages and ensure a fair evaluation. However, I do want to remind you that based on our investigation of the accident, we have determined that we will be covering 85% of your damages. This determination is based on our assessment of the liability in this incident.

As previously stated you have the option to file a claim through your own insurance company if you prefer. This might be beneficial if you want to avoid paying the 15% that our policy won't cover. Your insurance company can then pursue subrogation against us for the amount they pay out and if their liability determination is adverse to ours, the file will be settled during arbitration by a third-party arbitrator."

As previously mentioned, I have no collision coverage on this vehicle, so I cannot file a claim against my insurance policy (the vehicle is only worth about $5-6K). So my insurance company cannot be involved in any arbitration. Am I obligated to do arbitration directly between myself and the other driver's insurance company, or can I proceed directly to Small Claims Court?

 

[adjusterjack]

No, you have no obligation for arbitration.

Keep in mind that the defendant can argue the amount of the repair cost in court along with the percentage of fault. If you want to avoid that risk, have your car repaired for the lowest of the estimates that you get and present it to the court as a done deal. That should eliminate the question of damages and leave only fault which, according to the video, is not yours.

 

[Mark_A]

No, you have no obligation for arbitration.

Keep in mind that the defendant can argue the amount of the repair cost in court along with the percentage of fault. If you want to avoid that risk, have your car repaired for the lowest of the estimates that you get and present it to the court as a done deal. That should eliminate the question of damages and leave only fault which, according to the video, is not yours.

Thanks for your reply. I could go without even doing the repair until a judgement is rendered, but I will consider doing the lowest estimate (paying up front with my own funds is not a problem).

The other driver has a court date of 01/07/2025 for his ticket, and I am considering showing up at that time to see what happens and to possibly bring my dashcam video with me. I wonder if I should contact the district attorney for the city where the driver will appear on his court date.

 

[Mark_A]

I went to the Municipal Court website for the city where the accident occurred and found out that the other driver can pay the ticket online without appearing in court:
FAILURE TO MAINTAIN LANE $260.00
I will wait a couple of weeks and see if I can find out if he pays this online without a court appearance. Not sure if the website will show if it is paid or not, but hopefully so. If he paid the ticket online I can bring that information to Small Claims Court showing that he did not contest the ticket. If not paid by his court date, I will try and appear on the court date and talk to the solicitors/prosecutors.

 

[adjusterjack]

I wonder if I should contact the district attorney for the city where the driver will appear on his court date.

I think that is an excellent idea. The officer did not witness the accident/infraction so his testimony could be easily refuted by a smart lawyer if the defendant hires one. Your video and your testimony would be very helpful.

Too many people skate on traffic citations due to technicalities.

 

[quincy]

The video probably will need to be authenticated if the other driver objects to its use in court.

https://law.justia.com/codes/georgia/title-24/chapter-9/article-2/section-24-9-923/

After viewing the dash cam video, it appears to me that brake lights were visible on the cars ahead but you did not seem to slow down your speed. Granted, you were in the center turn lane with no car ahead of you and the driver whose car hit you was trying to change into your lane when it was not safe to do so - but I can see why the insurance company might be trying to argue partial fault.

 

[Mark_A]

The video probably will need to be authenticated if the other driver objects to its use in court.

https://law.justia.com/codes/georgia/title-24/chapter-9/article-2/section-24-9-923/

After viewing the dash cam video, it appears to me that brake lights were visible on the cars ahead but you did not seem to slow down your speed. Granted, you were in the center turn lane with no car ahead of you and the driver whose car hit you was trying to change into your lane when it was not safe to do so - but I can see why the insurance company might be trying to argue partial fault.

1. I was not in a "center" turn lane. It was a dedicated left-hand turn lane, with a solid white line between the straight-ahead lane on my right and the left-hand turn lane that I occupied. I entered the left-hand turn lane over the dotted lines at the proper entry point significantly before the accident occurred.
   
   
2. The fact that a vehicle in an adjacent lane slows down, should not require me to slow down with no one in front of me in the left-hand turn lane I occupied. However, I was actually slowing down to about 21 mph at the time of the accident (45 mph speed limit) in order to stop at the red light ahead (red for my left-hand turn lane). The left hand turn lane I occupied was still red, even though the straight ahead lane had turned green and cars in that lane were starting to proceed straight ahead across the intersection, but some vehicles still had their brake lights on.
   
   
3. At the time of the accident I was focusing my attention straight ahead and upward at the traffic light for the left-hand turn lane I occupied, which was red at the time of the accident, and soon after the accident turned to flashing yellow left arrow (meaning I could have proceeded to turn left if there was no oncoming traffic). This can be seen in the video, although it may be hard to see the flashing yellow "arrow" and may just appear as flashing yellow. I could not simultaneously look at both the traffic light ahead for my lane and look at the oncoming traffic to determine whether I could safely turn left, and at the same time look at someone driving in an adjacent lane right next to me who was in the straight-ahead lane which is designated for proceeding straight ahead across the intersection.
   
   
4. The car that struck me, and other cars in the center straight-ahead lane, were initially stopped (or slowing) with their brake lights on waiting for the light to tun green. However, the car that struck me, instead of traveling straight ahead behind the other cars in his lane when the light turned green, suddenly swerved into me in an attempt to enter the left-hand turn lane I already occupied. He was ticketed for "failure to maintain lane" by the police officer investigating the accident.
   
   
5. The other driver did not use his turn signal when attempting to change lanes. This is evident because his 2022 Santa Fe Limited has "Body-Colored power w/Tilt Down Heated Side Mirrors w/Power Folding and Turn Signal Indicator" which was clearly not flashing in the video. Inexplicitly, his car also has "Blind-Sport Collison-Avoidance Assist (BCA)" and a host of other safety features. I obtained this information using the VIN of his vehicle contained in the accident report. His Santa Fe was dark blue and almost impossible to see at night (other than rear lights).
   
   
6. The other driver admitted fault to the police officer, and even though I told the officer that I had a dashcam, the officer said he did not need to review it after interviewing the other driver, and gave the driver a ticket. Before the police arrived, the other driver admitted fault to me and showed my his insurance information, and did not ask for my insurance information (and I did not provide it).
   
   
7. The position of my dashcam was that it was mounted high on my inside windshield behind the rearview mirror, but about 6 inches to the right center of the windshield. My view as the driver was on left side of the car about 12 inches lower than the dashcam. So the view of the dashcam and my view were not the same, and since the accident occurred on the right side of my car, the dashcam had a better view of the adjacent lane than I did as driver.
   
   
8. On some computers and some Internet connections, the video "may" run in slower than normal motion, due to the high resolution of the video and inability of some computers to play it at actual speed. This might give a distorted view of how much reaction time I had to minimize the accident. But bottom line is that I was concentrating on the traffic light ahead of me for my left-hand turn lane and the on-coming traffic, which is what I should have been doing.
   
   
9. The reason why the insurance company of the other driver wants to argue that I am partially to blame in this matter is to minimize their loss and maximize their profits.

 

[Mark_A]

The video probably will need to be authenticated if the other driver objects to its use in court.

I believe that I can authenticate the video. This will be in Small Claims Court. But if there is no video, then there is no basis for finding me partially at fault, since the other driver was ticketed for "failure to maintain lane" based on the officer interviewing the other driver and not even viewing the dashcam video, even though I told the officer of its existence.

 

[quincy]

1. I was not in a "center" turn lane. It was a dedicated left-hand turn lane, with a solid white line between the straight-ahead lane on my right and the left-hand turn lane that I occupied. I entered the left-hand turn lane over the dotted lines at the proper entry point significantly before the accident occurred.
   
   
2. The fact that a vehicle in an adjacent lane slows down, should not require me to slow down with no one in front of me in the left-hand turn lane I occupied. However, I was actually slowing down to about 21 mph at the time of the accident (45 mph speed limit) in order to stop at the red light ahead (red for my left-hand turn lane). The left hand turn lane I occupied was still red, even though the straight ahead lane had turned green and cars in that lane were starting to proceed straight ahead across the intersection, but some vehicles still had their brake lights on.
   
   
3. At the time of the accident I was focusing my attention straight ahead and upward at the traffic light for the left-hand turn lane I occupied, which was red at the time of the accident, and soon after the accident turned to flashing yellow left arrow (meaning I could have proceeded to turn left if there was no oncoming traffic). This can be seen in the video, although it may be hard to see the flashing yellow "arrow" and may just appear as flashing yellow. I could not simultaneously look at both the traffic light ahead for my lane and look at the oncoming traffic to determine whether I could safely turn left, and at the same time look at someone driving in an adjacent lane right next to me who was in the straight-ahead lane which is designated for proceeding straight ahead across the intersection.
   
   
4. The car that struck me, and other cars in the center straight-ahead lane, were initially stopped (or slowing) with their brake lights on waiting for the light to tun green. However, the car that struck me, instead of traveling straight ahead behind the other cars in his lane when the light turned green, suddenly swerved into me in an attempt to enter the left-hand turn lane I already occupied. He was ticketed for "failure to maintain lane" by the police officer investigating the accident.
   
   
5. The other driver did not use his turn signal when attempting to change lanes. This is evident because his 2022 Santa Fe Limited has "Body-Colored power w/Tilt Down Heated Side Mirrors w/Power Folding and Turn Signal Indicator" which was clearly not flashing in the video. Inexplicitly, his car also has "Blind-Sport Collison-Avoidance Assist (BCA)" and a host of other safety features. I obtained this information using the VIN of his vehicle contained in the accident report. His Santa Fe was dark blue and almost impossible to see at night (other than rear lights).
   
   
6. The other driver admitted fault to the police officer, and even though I told the officer that I had a dashcam, the officer said he did not need to review it after interviewing the other driver, and gave the driver a ticket. Before the police arrived, the other driver admitted fault to me and showed my his insurance information, and did not ask for my insurance information (and I did not provide it).
   
   
7. The position of my dashcam was that it was mounted high on my inside windshield behind the rearview mirror, but about 6 inches to the right center of the windshield. My view as the driver was on left side of the car about 12 inches lower than the dashcam. So the view of the dashcam and my view were not the same, and since the accident occurred on the right side of my car, the dashcam had a better view of the adjacent lane than I did as driver.
   
   
8. On some computers and some Internet connections, the video "may" run in slower than normal motion, due to the high resolution of the video and inability of some computers to play it at actual speed. This might give a distorted view of how much reaction time I had to minimize the accident. But bottom line is that I was concentrating on the traffic light ahead of me for my left-hand turn lane and the on-coming traffic, which is what I should have been doing.
   
   
9. The reason why the insurance company of the other driver wants to argue that I am partially to blame in this matter is to minimize their loss and maximize their profits.

I agree with you that the insurance company wants to minimize their loss.

And I believe that the video along with your explanation potentially could help you argue that you were not partially at fault for the accident.

However, the video could also work against you. I would leave out of any explanation that you were concentrating on the light in your lane and the traffic in the oncoming lane and could not pay attention to the other cars around you. It is your job as a driver to be aware of everything that is going on around you, even the drivers who are driving irresponsibly next to you.

Keep in mind that this is just my opinion after viewing the dash cam video. Take it for what it’s worth, an opinion offered by some guy on an internet forum.