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LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name:
Did I ever tell you that I hate people?
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Shorty
i'm sorry, that stinks about your car.
its honestly not just geico, the "investigation" is pretty standard across all the companies.
If you were straight in the lane and the damage was on your rear bumper only, it's clearly the other driver's fault. (unless you were in reverse!  )
Due to the fact that you weren't all the way in the lane, and the damage is on the side of your car, it appears that you cut the other driver off and cut into his lane. ------ I KNOW you said that this isn't the case, and that you had been stopped for a period of time, but that's not how it appears to an outsider.
 I'd withdraw the claim and just pay for the repair.
My Dh works in claims and does subrogation for an auto insurance company and this is his advice as well
If the damage is less than your deductible, you should withdraw the claim
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Posted 9/29/10 8:35 PM  |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by LisaW
Posted by Shorty
i'm sorry, that stinks about your car.
its honestly not just geico, the "investigation" is pretty standard across all the companies.
If you were straight in the lane and the damage was on your rear bumper only, it's clearly the other driver's fault. (unless you were in reverse! )
Due to the fact that you weren't all the way in the lane, and the damage is on the side of your car, it appears that you cut the other driver off and cut into his lane. ------ I KNOW you said that this isn't the case, and that you had been stopped for a period of time, but that's not how it appears to an outsider.
I'd withdraw the claim and just pay for the repair.
My Dh works in claims and does subrogation for an auto insurance company and this is his advice as well
If the damage is less than your deductible, you should withdraw the claim
thanks everyone! its so fustrating that someone can hit you while your compltely stopped because THEY aren't paying attention and its my fault  at this point I think I'm screwed, because even if I withdraw my claim, he already put a claim in, so I'm sure I will have to pay. It didn't seem like he had any damage, but what a Jerk he is. I hope what goes around comes around and he gets his in some bad way! he deserves it for trying to screw me!
Message edited 9/29/2010 8:49:54 PM.
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| Posted 9/29/10 8:49 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
I am not sure about NY but you need to check what is consider cutting off someone.
I remember when I was leaving in NC. If you hit someone car in the rear that meant you had plenty of time to see them merging into your lane. It did not count as "cutting off".
I would talk to a traffic lawyer that really knows the Law in NY.
I HATE GEICO. Their rate is NOT lower and they will fight to pay you anything.
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| Posted 9/29/10 8:59 PM |
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jerseypanda
Life is good.
Member since 1/07 9164 total posts
Name:
Amanda
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
I would think that based on the damage to your car, you would be able to tell who hit who. Here's what I mean:
If you cut him off, I would think that the first impact would be up by your gas tank, then drag towards the back of your car since you would have been the one moving.
If he hit you while you were sitting still, the first impact should be at the rear of your car and move forward towards your gas tank because he is the one moving.
Take a look at the damage. Is there any way to tell where it looks like the first impact was? I would think the way the paint is scratched and where the dents are would be indications of that.
Just an opinion from someone who watched a little Judge Judy while on maternity leave! 
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| Posted 9/30/10 8:18 AM |
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Finally1108
My two boys
Member since 12/08 3541 total posts
Name:
Angela
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Linda1003
Posted by mom2mgn
Posted by neener1211
Posted by AngnShaun
It doesnt make sense but in most cases they feel that it is the person in fronts fault... either becuase of cutting someone off or stopping short...
If he is telling a different story then fight it for as long as you can...
That still doesn't make sense because if you are stopped in traffic you should have one car length between you and the person in front of you no matter if they are stopping short or not.
I worked as a Paralegal in a personal injury law firm for a long time. In a rear end accident, the person that hit the person in front of them is ALWAYS at fault. Even if you are cut off or the person stops short, if you hit someone in the back, you are at fault. I've never seen the car that was hit be at fault unless they are pushed into a car in front of them. In other words, they are hit from behind - not their fault but then they are pushed into the car in front of them - their fault.
To the OP, it sounds like you only got hit on the side, not really the complete back of your car. The van driver is probably saying he was still and you hit him. If all your damage was in the rear, then it's more obvious that it's not your fault.
Wait for the police report and see what it says.
ITA: Im a claims mamanger at an auto insurance company.
I work at an insurance company and ITA
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| Posted 9/30/10 9:42 AM |
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LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name:
Did I ever tell you that I hate people?
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
I can't believe how many people work at auto ins co's
Now I have to wonder if you know my Dh
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| Posted 9/30/10 9:44 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by jerseypanda
I would think that based on the damage to your car, you would be able to tell who hit who. Here's what I mean:
If you cut him off, I would think that the first impact would be up by your gas tank, then drag towards the back of your car since you would have been the one moving.
If he hit you while you were sitting still, the first impact should be at the rear of your car and move forward towards your gas tank because he is the one moving.
Take a look at the damage. Is there any way to tell where it looks like the first impact was? I would think the way the paint is scratched and where the dents are would be indications of that.
Just an opinion from someone who watched a little Judge Judy while on maternity leave!
Lovin that judge judy
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| Posted 9/30/10 10:22 AM |
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HeatherRose
Life is Good :)
Member since 11/07 6605 total posts
Name:
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Re: Car accident- Insurance related questions (lawyer or insurance people please come in)
Posted by Blu-ize
Posted by jerseypanda
I would think that based on the damage to your car, you would be able to tell who hit who. Here's what I mean:
If you cut him off, I would think that the first impact would be up by your gas tank, then drag towards the back of your car since you would have been the one moving.
If he hit you while you were sitting still, the first impact should be at the rear of your car and move forward towards your gas tank because he is the one moving.
Take a look at the damage. Is there any way to tell where it looks like the first impact was? I would think the way the paint is scratched and where the dents are would be indications of that.
Just an opinion from someone who watched a little Judge Judy while on maternity leave!
Lovin that judge judy
my Dh said the exact same thing, and it is hit that way you can see it that way. the insurance wants us to send them pictures.
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| Posted 9/30/10 10:39 AM |
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