Incident Yesterday Afternoon - Page 2 - Fiberglass RV


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Old 06-18-2011, 11:49 AM   #15
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Seems to me your claim is against the blue truck that hit you as a result of the first accident. Maybe his insurance has better coverage and you can sue him for the deductible. You insurance company should not charge you a deductible under comprehensive coverage, IMHO.
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Old 06-18-2011, 11:57 AM   #16
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Seems to me your claim is against the blue truck that hit you as a result of the first accident.
Wow, I wonder if that's true here in Florida? If so, I wonder why my agent didn't mention it? I would really hate to cause the owner of the blue SUV any more grief than she's already innocently suffered, but if that's how insurance works, I might need to ask my agent.
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Old 06-18-2011, 12:15 PM   #17
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Seems to me your claim is against the blue truck that hit you as a result of the first accident. Maybe his insurance has better coverage and you can sue him for the deductible. You insurance company should not charge you a deductible under comprehensive coverage, IMHO.
Unless the blue truck did something wrong and was negligent, they aren't liable. Same scenario as if you had stopped in traffic behind the car in front of you, and someone runs into the back of you, pushing you into the vehicle in front of you. You would not be charged since you didn't cause the collision (although if you didn't have your foot on the brake that might factor into the liability). On the other hand, if you ran into the car in front of you first, and then the car behind you ran into you and cause even more damage to the first car, you would both be liable to different degrees.
"Comprehensive" coverage is actually "Other than collision" coverage and does not cover collisions. If Ray didn't have collision coverage (or UMPD) he would be out of luck completely.

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Old 06-18-2011, 12:51 PM   #18
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I believe it is the responsibility of YOUR insurance company, when you report an accident, to make a determination of responsibility and, if they determine another party is at fault, pursue the party/parties at fault. It would seems the domino effect has happened here. Your insurance company would file claim against the vehicle that struck yours and they in turn would file claim against the vehicle that struck theirs, claiming their losses, which include paying your damages, and so on. In the transportation related accidents I have been aware of that's how it was handled. I also note that certain jurisdictions have established regulations that cover accident liabilities such as no fault coverage and that also works differently in different jurisdictions. It seems vehicle accident liabilities aren't always handled logically.
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Old 06-18-2011, 01:09 PM   #19
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Both the owner of the blue SUV and I have the same insurance companies.

I guess it really doesn't matter, since my wife just told me that we aren't about to cause the SUV owner any more grief.
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Old 06-18-2011, 01:11 PM   #20
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Ray, we all have to live within our own skin. If you're satisfied with the decision you've made not to pursue the SUVs insurance, that's all that matters really. BUT, I think you're insurance agent is not handling your claim properly....
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Old 06-18-2011, 06:25 PM   #21
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I got caught in the middle of a three car accident and was charged. ( don't ask me for what as it was to long ago )

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Unless the blue truck did something wrong and was negligent, they aren't liable. Same scenario as if you had stopped in traffic behind the car in front of you, and someone runs into the back of you, pushing you into the vehicle in front of you. You would not be charged since you didn't cause the collision (although if you didn't have your foot on the brake that might factor into the liability). On the other hand, if you ran into the car in front of you first, and then the car behind you ran into you and cause even more damage to the first car, you would both be liable to different degrees.
"Comprehensive" coverage is actually "Other than collision" coverage and does not cover collisions. If Ray didn't have collision coverage (or UMPD) he would be out of luck completely.

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Old 06-18-2011, 06:39 PM   #22
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If someone hits you from behind, it's their insurance. If you hit someone from behind, it's your insurance. Same results here. I'm not saying the middle guy is given a ticket, but his vehicle caused damage to yours and his insurance should cover that damage, regardless of who is at fault. If a tree fell on that blue car and pushed it into yours, same result, his insurance should cover it. Either way your comprehensive should cover the damage to extent of deductible because it is not under collision's deductible. Similar to a deer hitting your car while it is parked, comprehensive. Any insurance experts here listening, what say you?
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Old 06-18-2011, 06:46 PM   #23
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Seems to me your claim is against the blue truck that hit you as a result of the first accident. Maybe his insurance has better coverage and you can sue him for the deductible. You insurance company should not charge you a deductible under comprehensive coverage, IMHO.
How could the owner of the blue SUV be responsible for anything?It seems to me that they are just as innocent as Ray.Here in SC,if there is a chain reaction accident the person who caused the accident is responsible for everything.I know this because I was involved in a rearend collision where I was in front so I was the third vehicle that got hit.The car that rearended the motorcycle behind me had to pay for everything.And he was from Canada so apparently it's the same way there.
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Old 06-18-2011, 06:53 PM   #24
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I'm not saying the blue truck or Ray is guilty but that the blue truck may be liable for damages, innocent aside. The Red truck could argue that he would not have hit Ray's truck if it wasn't for the blue truck being there. Something to think about on a rainy Saturday afternoon. But as Ray pointed out, same insurance company and he does not wish, or that his spouse does not wish to pursue it. So no harm, no foul.
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Old 06-18-2011, 07:01 PM   #25
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I'm not saying the blue truck or Ray is guilty but that the blue truck may be liable for damages, innocent aside. The Red truck could argue that he would not have hit Ray's truck if it wasn't for the blue truck being there. Something to think about on a rainy Saturday afternoon. But as Ray pointed out, same insurance company and he does not wish, or that his spouse does not wish to pursue it. So no harm, no foul.
That's just REALLY sad that a completely innocent victim could be liable for anything.I guess that's what keeps the "ambulance chaser" attorneys in business though.
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Old 06-18-2011, 09:59 PM   #26
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I'll have to pay my $500 deductible because the dirt-bag who caused the wreck didn't have enough insurance to cover all the damage he caused.
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Both the owner of the blue SUV and I have the same insurance companies.
Here in California the Blue Tracker would file against the Brown GMC, and the Red Toyota would file against the Blue Tracker (who would increase his claim against the Brown GMC to cover the claim from the Red Toyota.)

I was in a similar situation, except that the perp didn't totally destroy his car and fled the scene.
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Mine was the Red Geo Metro. I met my neighbor, the Miata owner because of this accident; we're good buddies today. Since our accident was a hit-and-run, the Miata owner's insurance paid. Since he and I had the same insurance company, they waived my deductible. I was fairly compensated for totaling out my Geo. I miss 44 mpg.
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Old 06-19-2011, 08:51 PM   #27
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Originally Posted by cpaharley2008 View Post
I'm not saying the blue truck or Ray is guilty but that the blue truck may be liable for damages, innocent aside. The Red truck could argue that he would not have hit Ray's truck if it wasn't for the blue truck being there. Something to think about on a rainy Saturday afternoon. But as Ray pointed out, same insurance company and he does not wish, or that his spouse does not wish to pursue it. So no harm, no foul.
Here's a good article on comparative negligence.
Comparitive Negligence: Where and When Does It Apply | Auto Insurance Tips

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Old 06-19-2011, 09:05 PM   #28
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If someone hits you from behind, it's their insurance. If you hit someone from behind, it's your insurance. Same results here. I'm not saying the middle guy is given a ticket, but his vehicle caused damage to yours and his insurance should cover that damage, regardless of who is at fault. If a tree fell on that blue car and pushed it into yours, same result, his insurance should cover it. Either way your comprehensive should cover the damage to extent of deductible because it is not under collision's deductible. Similar to a deer hitting your car while it is parked, comprehensive. Any insurance experts here listening, what say you?
A collision with an animal is specifically listed in your policy as being covered under "other than collision" which is sometimes still called comprehensive. Any contact with another vehicle is covered under your collision coverage if you have it. Interestingly, if you swerved to miss a deer and then hit a tree instead, your claim now falls under collision.
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