Rear end $4k in damage. Other car adjuster says not their fault

[Cool]

What is the name of your state? CA
I went to an event and there were a lot of cars leaving event. When I got to third level of garage a possible dui person in a SUV rear ended me 10 seconds after traffic stopped and left the scene. My insurance found them thru license plate. I called police. The other person’s adjuster said all 4 of occupants lied that I put my car in reverse. My car has radar that would’ve sensed the other SUV and not allow me to reverse. They also lied they did not leave the scene. I went to urgent care for my back and may make future visits to doctor. What can I do for evidence to get other insurance company to take responsibility? My car had $4k in damage. Other car says no damage or injuries to their car. My insurance says not my fault. Other insurance says not their insured’s fault. Since other adjuster denies claim is it better for me to fix out of my pocket rather than have a claim on my insurance?

 

[LdiJ]

What is the name of your state? CA
I went to an event and there were a lot of cars leaving event. When I got to third level of garage a possible dui person in a SUV rear ended me 10 seconds after traffic stopped and left the scene. My insurance found them thru license plate. I called police. The other person’s adjuster said all 4 of occupants lied that I put my car in reverse. My car has radar that would’ve sensed the other SUV and not allow me to reverse. They also lied they did not leave the scene. I went to urgent care for my back and may make future visits to doctor. What can I do for evidence to get other insurance company to take responsibility? My car had $4k in damage. Other car says no damage or injuries to their car. My insurance says not my fault. Other insurance says not their insured’s fault. Since other adjuster denies claim is it better for me to fix out of my pocket rather than have a claim on my insurance?

You have the option of suing the other party. That would force their insurance company to defend them, and perhaps cause them to settle. Since your car would stop you from putting it in reverse if there was someone behind you, then you have more evidence than some people would have.

 

[adjusterjack]

is it better for me to fix out of my pocket rather than have a claim on my insurance?

It's not better, it's not worse. Rates go up all the time and they probably will. But I don't think you get surcharged if your own company says you aren't at fault.

For $4000, you can use your collision coverage and have your company seek reimbursement that would include your deductible.

For your injury, you can use your policy's Medical Payments or your health insurance.

If your aches and pains persist for more than a few weeks/months, consider a discussion with a personal injury attorney to review your options.

 

[Cool]

You have the option of suing the other party. That would force their insurance company to defend them, and perhaps cause them to settle. Since your car would stop you from putting it in reverse if there was someone behind you, then you have more evidence than some people would have.

Sadly, the adjusters cannot determine fault. He said she said since the driver and his 3 occupants lied I went in reverse. Reverse brake assist hasn’t helped my claim.

 

[Cool]

https://www.fordservicecontent.com/Ford_Content/vdirsnet/OwnerManual/Home/Content?variantid=8530&languageCode=en&countryCode=USA&Uid=G2162704&ProcUid=G2157827&userMarket=usa&div=f&vFilteringEnabled=False&buildtype=web

 

[quincy]

https://www.fordservicecontent.com/Ford_Content/vdirsnet/OwnerManual/Home/Content?variantid=8530&languageCode=en&countryCode=USA&Uid=G2162704&ProcUid=G2157827&userMarket=usa&div=f&vFilteringEnabled=False&buildtype=web

I assume from your link that your vehicle is a 2013 Escape, correct? Did you have the data recorder activated at the time of the accident?

 

[Cool]

I assume from your link that your vehicle is a 2013 Escape, correct? Did you have the data recorder activated at the time of the accident?

I updated it to 2022 Mach E

 

[quincy]

I updated it to 2022 Mach E

Nice car.

As a note: Some of the 2022 Mach-E vehicles are on a recall list for defective right rear halfshafts, which could break while driving, and the vehicle could roll while in park if the parking brake is not manually engaged, so be sure to check your VIN and compare it to the recalled vehicle list.

Did the vehicle that was in the accident have a data recorder activated at the time of the accident?

 

[Zigner]

Did the vehicle that was in the accident have a data recorder activated at the time of the accident?

The data recorder is not something that is controlled by the driver.

 

[quincy]

The data recorder is not something that is controlled by the driver.

I know. But the data recorder potentially could tell something about the vehicle at the time of the accident that could help support Cool’s story. I actually don’t know if it can do that or not. But Cool was the one who posted the link to data recorders.

 

[Cool]

I'm working with the dealer about recorder. They can be clueless. Is the ‘23 model on recall? My foot was on the brake stuck in traffic before the collision.

 

[quincy]

I'm working with the dealer about recorder. They can be clueless. Is the ‘23 model on recall? My foot was on the brake stuck in traffic before the collision.

I thought you said you had a 2022 model.

To find out if your vehicle is under a recall, you can enter your vehicle’s VIN into the appropriate box on this NHTSA website:

https://www.nhtsa.gov/recalls

 

[Cool]

My car isn’t under recall. Sorry I wasn’t specific about exact model since it is little difference.

 

[quincy]

My car isn’t under recall. Sorry I wasn’t specific about exact model since it is little difference.

Well, that’s good news at least.