Should I contact "at fault" other driver's insurance company??

[patsy oswald]

At a three way stop, the other guy ran through his stop sign at an excessive rate of speed (police report), while I was making my turn, hitting me almost head-on, (thankfully I was not injured) and caused substantial damage to my $32k 2019 SUV. The initial estimate that I saw on my insurance website without speaking to my rep on Friday was only $20k. WTF? It looks like a total damage to me and I feel that I shouldn't have to have that much repair done to a fairly new vehicle. Shouldn't the other guy's insurance step in and make good. Should I contact them? How does this work? Thanks......

 

[adjusterjack]

There are some harsh realities about insurance claims that you should be prepared for.

1 - Nobody is ever happy with an insurance settlement, whether it's for damage or injury, whether it's from their own company or somebody else's company. "Made whole" is a theoretical construct. In practice, nobody is ever "made whole."

2 - Everybody thinks their car is worth more than it is, including me.

By law, Louisiana uses the 75% rule to determine total loss. If the repair cost is 75%, or more, of the Fair Market Value, the vehicle is a total loss.

75% of $32,000 is $24,000. Repairs are estimated at less than $24,000 - not a total loss.

However, there may be other factors that get considered:

1. Vehicle safety if repaired
2. Time to complete repair
3. Scarcity of vehicle
4. Diminished Value
5. Loss of use
6. The possibility of supplements

You should be discussing that with your claim rep, not your agent. Your agent has nothing to do with it.

As for the FMV of your vehicle, your insurance company will determine that. You probably won't like that result either. If your FMV results in a total loss you'll be paid less than you think your car is worth.

Should the other driver's insurance step in and make good. Sure, if the other driver is at fault.

Which brings up the question. Were there any witnesses (besides you) to the other driver running the stop sign? If not, then he could be telling his insurance company that he stopped, proceeded, and you turned in front of him. That would make you at fault for failing to yield. What's in the police report is meaningless as the officer isn't likely to have seen the accident and is just relying on statements made at the scene. Of course, if the other driver admitted to running the stop sign at high speed, that's a different story. Did he?

Should you file a claim with his insurance?

Yes.

Just understand that, if his insurance accepts liability, your claim will be adjusted the same way as your own insurance does. The advantage is that you won't have a deductible and they'll pay for a rental car if you don't have rental reimbursement on your policy.

 

[patsy oswald]

Thanks for the response. The KBB value of my vehicle when I was a the stop sign was $32k. The other driver admitted to running the stop sign. The police determined that the he was speeding based on "yaw" marks and capturing all of this in the police report. I did not ask for medical or rental car. All I want them to do is make it good.....

 

[adjusterjack]

OK, then. His admission to the officer works in your favor. Go ahead and file a claim with his insurance company. Do ask for a rental. You're entitled. And if you had any medical bills at all, even for a check up, that's compensible.

I saw your thread over at City-Data. Not very helpful over there. I'll respond on this site if you have any more questions.

You might also want to check NADA and Edmunds to get a range of values. Also start pulling ads from Craigslist and Auto Trader for comparable vehicles.