Car insurance headaches

[Whitestripe]

Two weeks ago, while the kids and I were coming home from our two-week tour of California and Nevada, I had a car accident. I was almost home, driving on the NYS Thruway on a beautiful sunny afternoon with the kids in the back seat when a tractor-trailer truck started to merge in my lane. I remember reacting by moving over and hitting the rumble strips, then nothing... but "coming to" with the side airbags (driver and passenger) deployed and the OnStar operator asking if I needed assistance.  My car was  up against the guard rail facing the wrong direction and the whole back end was crushed. An off duty firefighter stopped to offer assistance and an ambulance and two police cars came. Luckily, we all walked away without a scratch. (I am especially grateful that my son was unharmed since his side took the worst hit and his arm was caught behind the airbag) There were two other commercial trucks pulled over, but in my confused state I had no idea why they were there. Their info was on the accident information exchange form that the police gave us. They drove off after the police released them while my car was towed away. My husband (who was not on the trip with us) came to fetch us. I was cited for "failure to use designated lane," which caused me to believe that I swerved out of my lane when I hit the rumble strips (I have no memory of it, but I don't remember giving the police a statement or talking to the EMT's either). I got a copy of the police report for the accident. It does not list my citation, but does say that the truck behind me was following too closely and hit me from behind  after I reacted I the first truck merging into my lane. I started a claim with my insurance company, and my brand-new-less than 3000 miles-10-week-old Subaru was totaled.  My insurance company has paid off my loan, rented me a loaner, and is sending me a check for the equity I had in the car. I've already purchased a replacement and am waiting for delivery.  I did not tell my insurance company I was rear-ended because I didn't remember it. I did say that the truck had a dent in its front and although I didn't remember it, there may have been contact. They told me that they would get the police report and investigate. Today, I got a letter from driver 2's insurance company asking for information and stating that I am due compensation if the driver is found liable, etc...  I've never been in an accident like this before, so how does this effect the claim with my insurance company? I'd (obviously) like to get my $500 collision deductible back if I could, and I am sure that my insurance would like to recoup the loss of the totaled car. Not to mention I'd like my rates not to go up. I guess I should call my insurance and tell them about this letter and then fill out the forms? I have almost no experience with insurance claims.

 

[litechick]

Wow, I'm so sorry you had such a bad accident and so glad everyone came out OK.

I've never experienced an accident as bad as that (air bags deployed, loss of consciousness, new vehicle totalled.)  Based on my experience all I can say is that the tractor operator didn't see you.  Whether that was a failure of equipment or competence I couldn't say.  AFAIK, you can't eliminate all blind spots on a big rig.  Also, as a commercial driver, the operator has a much greater incentive to evade responsibility--his job/livelihood is on the line while you face an inconvenient deductible expense.

It sounds like you successfully evaded the tractor/trailer at the expense of being rear-ended by another commercial truck.  Good job saving your family from much worse circumstances.  Really, good job. 

'Failure to use designated lane' sounds like Bullshit in context.  It sounds like the driver who hit you is desperate to evade responsibility for the sake of the job.  That driver did not lose consciousness and feels that he/she shouldn't be punished for rear-ending you, even though the law stipulates that a rear-ended person is never to blame.

I feel for your dilemma.  You lost consciousness and can't completely defend yourself as a result.  The System (law + commercial enterprise) doesn't care about you and your deductible/rate hike.  Your insurance company doesn't care.  They will haggle over responsibility, was it 80/20?  85/15?  For them, going to court is worse than paying out.

All I can say is, Be Difficult.  Stand up for yourself and insist that 1) you are not to blame and 2) they should be happy that there are no medical bills/ pain and suffering claims.  They will run over you if they can. 

If you fight the system and lose, you still have your family and replacement car.  I would say fight the good fight and be graceful if you lose.  That's the best you can do.

[The Marquis de Leech]

I honestly saw this thread and thought "fate has a very morbid sense of humour."

It's just that two weeks ago, I was also involved in a car accident, also in the form of getting rear-ended (basically, I was at the lights, and the car behind didn't stop, so my car played meat in a sandwich). My car was written off, I ended up with a thoroughly non-fun dose of whiplash after being ping-ponged between two cars, but since the blame was clearly on the other party the insurance situation was easily sorted.

You have my deepest sympathies - I just can't speak to the rules governing insurance in your jurisdiction.  

[Swordfish]

19 hours ago, Whitestripe said:

Two weeks ago, while the kids and I were coming home from our two-week tour of California and Nevada, I had a car accident. I was almost home, driving on the NYS Thruway on a beautiful sunny afternoon with the kids in the back seat when a tractor-trailer truck started to merge in my lane. I remember reacting by moving over and hitting the rumble strips, then nothing... but "coming to" with the side airbags (driver and passenger) deployed and the OnStar operator asking if I needed assistance.  My car was  up against the guard rail facing the wrong direction and the whole back end was crushed. An off duty firefighter stopped to offer assistance and an ambulance and two police cars came. Luckily, we all walked away without a scratch. (I am especially grateful that my son was unharmed since his side took the worst hit and his arm was caught behind the airbag) There were two other commercial trucks pulled over, but in my confused state I had no idea why they were there. Their info was on the accident information exchange form that the police gave us. They drove off after the police released them while my car was towed away. My husband (who was not on the trip with us) came to fetch us. I was cited for "failure to use designated lane," which caused me to believe that I swerved out of my lane when I hit the rumble strips (I have no memory of it, but I don't remember giving the police a statement or talking to the EMT's either). I got a copy of the police report for the accident. It does not list my citation, but does say that the truck behind me was following too closely and hit me from behind  after I reacted I the first truck merging into my lane. I started a claim with my insurance company, and my brand-new-less than 3000 miles-10-week-old Subaru was totaled.  My insurance company has paid off my loan, rented me a loaner, and is sending me a check for the equity I had in the car. I've already purchased a replacement and am waiting for delivery.  I did not tell my insurance company I was rear-ended because I didn't remember it. I did say that the truck had a dent in its front and although I didn't remember it, there may have been contact. They told me that they would get the police report and investigate. Today, I got a letter from driver 2's insurance company asking for information and stating that I am due compensation if the driver is found liable, etc...  I've never been in an accident like this before, so how does this effect the claim with my insurance company? I'd (obviously) like to get my $500 collision deductible back if I could, and I am sure that my insurance would like to recoup the loss of the totaled car. Not to mention I'd like my rates not to go up. I guess I should call my insurance and tell them about this letter and then fill out the forms? I have almost no experience with insurance claims.

 

Yes.  Call your insurance company.  

[Iskaral Pust]

Very sorry to hear about that accident but glad everyone is ok.  That's scary stuff, especially with kids in the car. 

To answer your question: yes, contact your insurance company.  Their claims handler should follow up on it.  If the other driver is found at fault then your insurance company should recover from his and your deductible should get repaid.  In a just universe your premium wouldn't go up, but that's not always how it works unfortunately. 

It's so frustrating to have to deal with the aftermath of a car crash.  Best of luck.

BTW, I don't see how the truck that rear-ended you would be at fault.  If you move abruptly into another lane, there can be no expectation that someone already in that lane will be braking distance from you.  Unless you were in the new lane for a while and you just can't remember it. The truck that moved into your lane and caused you to swerve is the one that would be at fault.

[Whitestripe]

I did call my insurance company. Truck 1 (the one I reacted to) is not involed at all. They drove on, and I have no idea if they even know they started it all. The truck that hit me was following me in left lane  when this whole thing started.