Rear ended auto accident question

WinoBlues

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A week ago I was rear-ended as I was about to make a right turn on to a cross street.
We both pulled over. No injuries.

Police stopped but did not do a report they said to let the insurance companies work it out. USAA towed my car which is now repaired. and arranged for a rental. I paid the $1,000. deductible. Repairs were about $5,000.

The plastic bumper just showed scratches, the passenger rear wheel was cantered in. Once the auto body people removed the bumper there is a dent on the metal bumper under the plastic bumper. At the rear passenger corner. The point of impact was from the rear. He had slight scuff marks on the front far right part of his bumper. 1992 Mazda

So I get a message from the other company, Aspire, that the other driver and his passengers say I turned in front of them and caused the accident. They are denying liability.

The USAA rep said it is he said she said deal. They sent pictures that adjuster does not show me or my car and per him appeared they could have been staged showing they were in the middle of the lane and skid marks.

His license, which said "federal restriction apply" on the top corner, and the insurance were in his name. The car registration was in another name.

My question - Can I push that USAA subrogate? The adjuster said if it comes back 50/50 it will then show me with an at-fault accident. He mentioned that it cost the company $10,000 to go to arbitration. Am I better off just eating the deductible?

I have not returned the Aspire rep's call yet.
 
That's what you pay USAA for. They can ask for statements from the other party and make a determination if the statements don't line up and then decide to subrogate. I don't think you have an option, other than a civil suit, to tell USAA that you don't accept the Aspire report and to try again. If you have full coverage, and it appears that you do since the car has been fixed, make USAA go to bat for you. It should not count against you since the damage is in the rear of your vehicle, you were hit from behind, and there is damage to the front of the other vehicle. Worst case you are out the $1000, best case is you get that back.
 
Lately, I have had several clients tell me that their insurance company discouraged them from pushing for subrogation. I find that odd, since that is what an insurance company is supposed to do in this case. They are saying that it may raise their rates, costs the insurer too much money to do, and that they likely won't get their money back anyway. I'd push it and you may get your money deductible back.

The only other route would be to sue the at-fault party. i'd contact them and let them know you are considering a lawsuit on them, since their carrier did not take responsibility.

On a side note, it would sure be nice for the police to stop the BS of not determining fault.
 
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A week ago I was rear-ended as I was about to make a right turn on to a cross street.
We both pulled over. No injuries.

Police stopped but did not do a report they said to let the insurance companies work it out. USAA towed my car which is now repaired. and arranged for a rental. I paid the $1,000. deductible. Repairs were about $5,000.

The plastic bumper just showed scratches, the passenger rear wheel was cantered in. Once the auto body people removed the bumper there is a dent on the metal bumper under the plastic bumper. At the rear passenger corner. The point of impact was from the rear. He had slight scuff marks on the front far right part of his bumper. 1992 Mazda

So I get a message from the other company, Aspire, that the other driver and his passengers say I turned in front of them and caused the accident. They are denying liability.

The USAA rep said it is he said she said deal. They sent pictures that adjuster does not show me or my car and per him appeared they could have been staged showing they were in the middle of the lane and skid marks.

His license, which said "federal restriction apply" on the top corner, and the insurance were in his name. The car registration was in another name.

My question - Can I push that USAA subrogate? The adjuster said if it comes back 50/50 it will then show me with an at-fault accident. He mentioned that it cost the company $10,000 to go to arbitration. Am I better off just eating the deductible?

I have not returned the Aspire rep's call yet.

Wino, sorry to hear about our butt. How are you doing? Hurt your back any?
 
Wino, sorry to hear about our butt. How are you doing? Hurt your back any?

Ha.

I am good. For now.

Got to say for the most part USAA, as always, took good care of us. Text and emails all of the way trough. Rental people picked us up, I dropped the rental at Auto Body shop. We have not shopped them in probably 20 years. I don't see shopping them anytime soon.

Not happy about my $1,000. It appears this guy had Min Liability only and This Aspire company caters to that demographic.

I had a minor unrelated procedure today so I will deal with them tomorrow. May wind up just having to cut my losses. I just do not want an at fault.
 
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