Auto insurance appeal advice

Oct 19, 2018

  1. Itzwilson
    Offline

    Itzwilson New Member

    Posts:
    3
    Likes Received:
    0
    State:
    Massachusetts
    Hello, my insurance put me at fault for a rearend and I know it’s usually 90% the rearenders fault in these incidents though I believe that there is always some gray area like in this case. Aside from me rear ending someone suddenly stopping on the highway and being decently apart, I managed to give them a love tap. Person was generally nice about it and we exchanged info and I took pictures. That night she texts me saying everything looks fine with the car and to not worry about it. 10 days later she sends me a picture of their car and says their mechanic found a chip damage and would like to be compensated $600. Thats when I decided to rather go through insurance but they found me more than 50% at fault. Is this worth appealing at all or is it possible to get less than 3 points from this incident?
     
  2. adjusterjack
    Offline

    adjusterjack Guru

    Posts:
    1,111
    Likes Received:
    394
    State:
    Arizona
    Nope. Unless the other car fell from the sky and landed suddenly in front of you, there is no grey area and no appeal.

    Then you weren't "decently apart." That you hit the vehicle in front of you means you were too close, were going too fast for conditions, or failed to control your vehicle. Any or all of which puts you at fault.

    If you want to change the outcome you will have to sue the other driver and prove, in court, that the other driver was the one completely at fault for the accident. Your chances of success there are slim to none.
     
  3. Itzwilson
    Offline

    Itzwilson New Member

    Posts:
    3
    Likes Received:
    0
    State:
    Massachusetts
    Hello thanks for the reply. I understand that’s how all judges will see it no matter how I explain it. But as for the pictures I took vs the one she sent me 10 days later, showed that the chip damage was not apparent in the first picture at all. Can that be something I can use along with the text saying she wouldn’t go to insurance the night of or am I still 100% liable since the matter of the fact is that rear end did occur?
     
  4. Itzwilson
    Offline

    Itzwilson New Member

    Posts:
    3
    Likes Received:
    0
    State:
    Massachusetts
     
  5. VolAgent
    Offline

    VolAgent Guru

    Posts:
    15,085
    Likes Received:
    1,913
    State:
    Tennessee
    You are still liable, you hit her.

    Now, if you took a clear picture at the time of the accident and she later sends a picture showing more/different damage, that is a different situation. She may be trying to commit insurance fraud. It sounds like you have already reported it to your insurance company? If so, forward both pictures to the adjuster and let them go from there.
     
    VolAgent, Oct 19, 2018
    #5
  6. InsCommentary
    Offline

    InsCommentary Guru

    Posts:
    432
    Likes Received:
    112
    You might consider yourself fortunate that your insurer is not denying the claim because of late notice if you waited 10+ days to report it. ANY accident involving someone else or their property is best reported promptly. You'd be amazed at how often a 'love tap' becomes a soft tissue claim. My wife tapped someone on an expressway exit ramp. There was zero visible damage but they exchanged information. A week later, the other party called and said her husband took the car to a repair shop and the frame was bent. We had reported the accident and the insurer knew how to deal with claims like this.
     
  7. Zosimus
    Offline

    Zosimus New Member

    Posts:
    2
    Likes Received:
    0
    State:
    Utah
    The only real way to dispute a rear end accident is to have a dash cam. Otherwise the assumption will simply be that you were following too closely.
     
    Zosimus, Nov 8, 2018
    #7
Loading...