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Person at fault accusing me for not stopping for him rather than taking responsibility

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gaggz

Member
What is the name of your state? California
Hi. One day I was driving in a Camry on a two-way road when someone riding an Accord came into my path all of a sudden from a drive-way to a store and hit me (see image first, uploaded at https://ibb.co/jTb6rrF, will be auto-deleted in 1 month). The front left of my car collided with his left rear part as he was almost at the point of hurriedly clearing my lane while going to the opposite site/ opposite direction to mine. The other party refused to share information, said there were 2 lanes to the right of me that had stopped for him implying I should have stopped for him too even if he was in my lane. I did not see him as he was hidden behind the other cars to my right, nor could I fully anticipate due to relative motion that the cars on my right were at a full stop. I had 2 kids in car - 7 and 11 years old, and they are so much freaking out after being in a car with accident. Other party called police (not ambulance, all 3 occupants were all walking and talking fine) and said he would not give his insurance info to me, but will give to police. A police report was created and the police held the other party 100% responsible for the accident.

Since police report takes time, I went through my insurance, paid deductible (to be refunded as my insurance has said its not my fault at all). The other party gave some explanation to his insurance and they have tried to reach out to me for my story. I declined, as I have gone through my insurance providing my statement to my insurance, even my case manager has said its not necessary for me to get in touch with other party insurance. Today, I got letter from other party insurance that they are holding both parties 50% at fault each, which is wrong, the other guy came in front of me (see image). His insurance is declining to take full responsibility. I just have one doubt - what if the other party cooks up a story and says even though he was in my lane cutting across, that I had seen him and did not purposely stop - further stating that if I had stopped accident would have been avoided? There are no dashcam videos or witnesses. My question is - can the other party cook up something that may hold me accountable for not having prevented accident in this case? Clearly this guy just came out of no-where, was hidden behind cars, and now wants me to take responsibility for his wrong doings. How can I totally save myself? Thanks in advance!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? California
Hi. One day I was driving in a Camry on a two-way road when someone riding an Accord came into my path all of a sudden from a drive-way to a store and hit me (see image first, uploaded at https://ibb.co/jTb6rrF, will be auto-deleted in 1 month). The front left of my car collided with his left rear part as he was almost at the point of hurriedly clearing my lane while going to the opposite site/ opposite direction to mine. The other party refused to share information, said there were 2 lanes to the right of me that had stopped for him implying I should have stopped for him too even if he was in my lane. I did not see him as he was hidden behind the other cars to my right, nor could I fully anticipate due to relative motion that the cars on my right were at a full stop. I had 2 kids in car - 7 and 11 years old, and they are so much freaking out after being in a car with accident. Other party called police (not ambulance, all 3 occupants were all walking and talking fine) and said he would not give his insurance info to me, but will give to police. A police report was created and the police held the other party 100% responsible for the accident.

Since police report takes time, I went through my insurance, paid deductible (to be refunded as my insurance has said its not my fault at all). The other party gave some explanation to his insurance and they have tried to reach out to me for my story. I declined, as I have gone through my insurance providing my statement to my insurance, even my case manager has said its not necessary for me to get in touch with other party insurance. Today, I got letter from other party insurance that they are holding both parties 50% at fault each, which is wrong, the other guy came in front of me (see image). His insurance is declining to take full responsibility. I just have one doubt - what if the other party cooks up a story and says even though he was in my lane cutting across, that I had seen him and did not purposely stop - further stating that if I had stopped accident would have been avoided? There are no dashcam videos or witnesses. My question is - can the other party cook up something that may hold me accountable for not having prevented accident in this case? Clearly this guy just came out of no-where, was hidden behind cars, and now wants me to take responsibility for his wrong doings. How can I totally save myself? Thanks in advance!

Send the letter to your insurance company.
 

PayrollHRGuy

Senior Member
You already have a claims adjustor assigned to the claim. Contact him and ask the best way to transmit the letter you received to them.

DO NOT talk to the other side without the knowledge and consent of your insurance carrier.
 

zddoodah

Active Member
My question is - can the other party cook up something that may hold me accountable for not having prevented accident in this case?
In the abstract world of all that is hypothetical, virtually anything is possible.

How can I totally save myself?
Hire an attorney, although, if there were no injuries, it's probably not worthwhile. Or sue in small claims court. You can also complaint to the CA Dep't of Insurance, but the likelihood of the DOI doing anything about a disputed non-injury car accident determination are virtually nil.

By the way, your deductible is not "refundable" unless your insurer receives payment for it from the other party's insurer.

Also, your post illustrates why your decision to carry collision coverage was a good one.
 

Zigner

Senior Member, Non-Attorney
Hire an attorney, although, if there were no injuries, it's probably not worthwhile. Or sue in small claims court.
Or...let insurance handle it.
You can also complaint to the CA Dep't of Insurance, but the likelihood of the DOI doing anything about a disputed non-injury car accident determination are virtually nil.
There is nothing to complain about. The other party's insurance carrier has no duty to the OP.

Also, your post illustrates why your decision to carry collision coverage was a good one.
Agreed. Almost as importantly, it also illustrates why the $50-$100 spent on a dash cam can pay for itself many times over.
 

adjusterjack

Senior Member
can the other party cook up something that may hold me accountable for not having prevented accident in this case?
Sure. He CAN cook up whatever story he wants. It isn't likely to fly. A driver leaving a driveway and crossing lanes of traffic has a duty to yield to vehicles traveling in those lanes. Doesn't matter that some drivers in other lanes stop for him. His duty was to yield to you. He did not. The collision is his fault.

You already have a claims adjuster assigned to the claim. Contact him and ask the best way to transmit the letter you received to them.

DO NOT talk to the other side without the knowledge and consent of your insurance carrier.
Absolutely agree with that advice.
 

gaggz

Member
Thank you everyone for the advice. Yes, I informed my insurance about the letter via email (did not send a scan though) and yes, I will not talk to the other party or their insurance without knowledge and consent of my insurance carrier. This was the second accident for me in USA, I was never at fault for both, and first and only accident for my car in its 10 years of ownership. At the most I will lose $500 deductible by going through my insurance. I just sold off the repaired car (it was done very well and the first buyer who came to see it liked it, gave me amount I had desired) and just bought a Tesla.
Agreed things are very easy if both involved parties talked to each other but the other party just started blaming me for no reason and did not want to talk to me. All I wanted to say is that lets be friendly with each other and move on, he never gave me a chance to talk to him. My insurance will deny any claim from his side, so he will end up with a huge bill anyways as the left rear of his car was very badly damaged. Still, I wish the other party well.
 

zddoodah

Active Member
There is nothing to complain about. The other party's insurance carrier has no duty to the OP.
There may or may not be something to complain about, and the fact that an insurer owes no duty to a third-party claimant is irrelevant to the DOI's regulatory power. If, in the adjustment of a claim (third-party, first-party or otherwise), an insurer violates the California Fair Claims Settlement Practices Act and the regulations promulgated pursuant to that Act, the DOI can and will take action against the insurer. It matters not that the insurer owes no duty to a third-party claimant such that the claimant could not maintain a lawsuit against the insurer. The inability for a third-party claimant to maintain a lawsuit does not divest the DOI of its regulatory power.
 

Zigner

Senior Member, Non-Attorney
There may or may not be something to complain about, and the fact that an insurer owes no duty to a third-party claimant is irrelevant to the DOI's regulatory power. If, in the adjustment of a claim (third-party, first-party or otherwise), an insurer violates the California Fair Claims Settlement Practices Act and the regulations promulgated pursuant to that Act, the DOI can and will take action against the insurer. It matters not that the insurer owes no duty to a third-party claimant such that the claimant could not maintain a lawsuit against the insurer. The inability for a third-party claimant to maintain a lawsuit does not divest the DOI of its regulatory power.
I stand by my statement.
 

gaggz

Member
Hi all
So my insurance sent a letter that subrogation process failed and that they will now enter arbitration. Decision of arbitrator shall be final. Since other party has accepted 50% responsibility (my insurance + police report says I am not at fault), I have asked for 50% of deductible back but insurance company is holding off from paying right now.
  • If the arbitration process fails, can they make a flimsy excuse and not give me back the 50% of deductible?
  • My insurance company says that I can sue the other driver for my deductible loss instead. But why are they not giving me my 50% back? Also is there a way I can get information from my insurance company what the other insurance company justification is for not taking full responsibility? Can I get other driver's statement/ justification?
Please help. Thanks
 

Zigner

Senior Member, Non-Attorney
Hi all
So my insurance sent a letter that subrogation process failed and that they will now enter arbitration. Decision of arbitrator shall be final. Since other party has accepted 50% responsibility (my insurance + police report says I am not at fault), I have asked for 50% of deductible back but insurance company is holding off from paying right now.
  • If the arbitration process fails, can they make a flimsy excuse and not give me back the 50% of deductible?
  • My insurance company says that I can sue the other driver for my deductible loss instead. But why are they not giving me my 50% back? Also is there a way I can get information from my insurance company what the other insurance company justification is for not taking full responsibility? Can I get other driver's statement/ justification?
Please help. Thanks
You won't get any money until your insurance company gets money.
 

adjusterjack

Senior Member
So my insurance sent a letter that subrogation process failed and that they will now enter arbitration. Decision of arbitrator shall be final. Since other party has accepted 50% responsibility (my insurance + police report says I am not at fault), I have asked for 50% of deductible back but insurance company is holding off from paying right now.
Here's how subrogation works. You don't get your deductible back until your insurance company gets reimbursed. The other insurance company offered 50%. Your insurance company declined (as is its right) and is going to binding arbitration.

Binding arbitration is binding on both sides, the insurance companies and their insureds. Your insurance person was wrong. While arbitration is in progress you don't get to sue anybody for anything. Well, you can, but it will be immediately dismissed because the parties have agreed to arbitration. You are a party to that because your insurance policy authorizes your insurance company to act for you.

You'll just have to wait until the arbitration is over and a decision is made.
 

gaggz

Member
oh wow! Thanks for all that advice! That was so useful. I never knew there are so many factors involved. Also one technical question.
  • There were 3 lanes going eastbound, I was on lane 3 (fastest one). The cars in lane 2 were slowing down but not stopped. I am not sure if car in slowest lane 1 was stopped for him (was out of my sight as car in lane 2 was obstructing full view), making him believe that all traffic was stopped for him.
  • Other driver says the cars in lane 1 and 2 were stopped for him so he proceeded, and believes I should have stopped for him so that he could cross the road all the way from my right to left, then head opposite way (west bound)
  • However, from my view from car up ahead: there was no obstruction to my lane, no protruding car into my lane, no debry road, nothing to indicate someone would cut into my path. Also if I were to stop suddenly in any way, the car behind me could have hit me and I could be held liable for stopping for no reason; besides there was no reason to stop as my lane was absolutely clear. All of a sudden this guy comes into my lane, I honked to warn him, tried to stop, he sped in order to clear my lane..... and at very last moment my left front t-boned his left rear side (behind left passenger wheel) of car.
I just don't understand how the other party could be held only 50% liable, have asked my insurance to let me know what he has said that makes his insurance only pick 50% of the tab... This is so unfair... I am going to lose my deductible if I have a sloppy party representing me in arbitration. Is there any way I could step in and contribute to arbitration matter that could help turn things towards my side?
 

adjusterjack

Senior Member
I just don't understand how the other party could be held only 50% liable
He isn't being "held" 50% liable any more than you are. Only a court of law can determine liability or, in this case, binding arbitration. All his insurance company is doing is defending him as is its contractual obligation to him just as your company is defending you. His company is offering 50% to make the claim done with. It could have easily offered 10% or 75%. Doesn't matter. Your insurance company declined so that 50% is off the table and now it's up to the arbitration.

I am going to lose my deductible if I have a sloppy party representing me in arbitration
Nobody is going to be sloppy. Insurance companies don't like to lose arbitration. Your company will have expert representation.

Is there any way I could step in and contribute to arbitration matter that could help turn things towards my side?
You are likely going to have to testify, as is the other driver. Then both companies will present authorities in the form of prior case decisions about the duty to yield right of way.

My opinion for the 2 cents that it's worth, based on a life time in the insurance industry is that the other driver should not have crossed your lane without first making sure that the lane was clear of oncoming traffic.

Unfortunately, that's no guarantee as to how your arbitration is going to play out.
 

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