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      07-19-2011, 04:45 PM   #1
cheweihu
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Rear-ended - Should I call my insurance now?

7/8 4:30pm My car (MY2011 E92 M3) was rear-ended on I-5, if was totally her fault. I was in the traffic, she switched lane and started to accelerate but failed to stop (my speed was 0 and her speed was probably 25?). She admitted her fault right away, called police but only DOT guy showed up "suggesting" us to exchange contact information and settle it. Exchanged information. While waiting for the trooper I called my insurance agent (State Farm) and was told to deal with at-fault party's insurance, I trusted him...(well it's my first time.) Later that day I called her insurance company (Allstate) and was told that she already reported and took 100% liability. Scheduled 7/10 to have adjuster inspect my car.

7/10 Had my car inspected by an allstate adjuster near my place. Listed only "bumper cover" and "tow plug" at the time, issued a $9XX.00 check to me. Was told that I could bring my car to whatever body shop I like and they will file supplement if needed.

7/12 Had my car inspected by my preferred shop, preliminary estimation was around $16XX. Schedule 7/18 for comprehensive inspection.

7/18 Bring in my car. Got a rental car by Enterprise.

7/19 Got a call from the body shop saying the bumper reinforcement bar is damaged and need to replace, comes a total of $2600. They already contacted Allstate for re-inspection.



After a few research I realized that I should have my insurance to handle these tedious shit since I paid to them. However I am unsure if I should do that right now or after the re-inspection and allstate refuses to pay the difference. I was told by the bodyshop that if allstate doesn't pay they will contact the person who hit me and if she refuse to pay I can sue her. But I don't want to waste my time dealing with all these shit since it's not my fault! Should I call my insurance agent now or just wait until the result of the reinspection?

Thanks guys!
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      07-19-2011, 04:51 PM   #2
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i heard All-State was a PITA to deal with as a non-customer.

hopefully, by not cashing the check, you can go back to claim more. Lesson to everyone, never take the check on the first pass for anything!!!

Last edited by mdosu; 07-19-2011 at 08:48 PM..
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      07-19-2011, 05:04 PM   #3
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I'd of never taken a check from them without a repair estimate first.
When I got rear ended I had estimate in hand and called bullshit on their insurance adjuster. The wound up giving me the amount of the estimate.
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      07-19-2011, 05:05 PM   #4
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Under what terms did you accept the first check? I hope you didn't release your right to further recovery by accepting that initial amount.
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      07-19-2011, 05:10 PM   #5
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Quote:
Originally Posted by Seattle S65B40 View Post
Under what terms did you accept the first check? I hope you didn't release your right to further recovery by accepting that initial amount.
agreed.

explain why OP didnt call insurance company
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      07-19-2011, 05:16 PM   #6
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I would have taken my car to the body shop and had the inspection done right then and there with the agent.

got my rental. be on my way

they fix it. i don't pay a dime and i actually pocket something if possible :P
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      07-19-2011, 05:17 PM   #7
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That quote looks almost the same as mine from when I got rear ended. In my instance though, the car was repaired and the guys insurance paid the bill, none of this check exchanging bs. Hopefully you can get the rest taken care of.
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      07-19-2011, 06:26 PM   #8
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Quote:
Originally Posted by cheweihu View Post

After a few research I realized that I should have my insurance to handle these tedious shit since I paid to them.
No. You need to deal with the woman's insurance company directly. If you don't care to, hire a lawyer and pay him out of your own pocket to do it for you. You do not pay your insurance company to advocate for you; you pay your company to pay claims against your policy as opposed to other's peoples policies. Moreover, you don't want a claim against your policy for the damage that someone else caused. Also you should've gotten a police report in order to avoid the inevitable he-said she-said.

Provided that you didn't waive rights when you accepted that first check, Allstate will pay to have your car fixed at the appropriate cost. The reason they gave you that first check was in the hopes that you would bugger off. Get on the horn with Allstate now, find out the adjuster's name, the adjuster's supervisor's name, the claims handler's name, all their phone numbers and e-mails, and articulate clearly to each of them exactly what you want. The more noise you make (pointed noise, not mindless noise), the sooner and more likely you'll get this settled in your favor. You might even try to squeeze a diminished-value check out of them.
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      07-19-2011, 07:15 PM   #9
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First, you are totally f'd w.r.t. this minor accident showing up on carfax. If you don't plan to sell your car than no big deal.

Never report the accident for damage under ~8% of your car's present value if you drive a car like an M3.

This is because if you want to sell your car your potential buyer pool will be much smaller and those who may buy your car will take 8-10% off fair market value given an accident report no matter how minor.

If you lease, by all means, report and collect.

As for Allstate covering the difference I think you have nothing to worry about assuming your shop is legitimate.
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      07-19-2011, 07:33 PM   #10
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P.s. To my prior post - if your state recognizes diminished value that vigorously pursue that. PA does not.
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      07-19-2011, 08:06 PM   #11
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Allstate will cover it. In some states, like Florida, there's a consumer protection law that says you will get an automatic $1mil if an insurance company tries to 'not' pay a legitimate claim. As for accident report bumper damage is not such a bad claim. It happens all the time. As for fault ANYTIME someone runs into the back of another car it is indisputably their fault.
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      07-19-2011, 08:35 PM   #12
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Quote:
Originally Posted by m3keash View Post
As for fault ANYTIME someone runs into the back of another car it is indisputably their fault.
This is not true, though it hard to prove without witnesses, the person could have had no brake lights, or was driving recklessly and cut in front of you and braked hard, etc, etc.

In the OP case, he was stopped in traffic, its a no brainer. And in most cases you are responsible for maintaining a safe distance, but nothing is certain expect death and taxes..
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      07-19-2011, 08:37 PM   #13
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[QUOTE=m3keash;10057947]Allstate will cover it. In some states, like Florida, there's a consumer protection law that says you will get an automatic $1mil if an insurance company tries to 'not' pay a legitimate claim. As for accident report bumper damage is not such a bad claim. It happens all the time. As for fault ANYTIME someone runs into the back of another car it is indisputably their fault.[/QUOTE

Not meant to hijack this thread, but your assertion that "ANYTIME someone runs into the back of another car it is indisputably their fault" is wrong. I, unfortunately, know this to be true and it is indisputable because I was rear ended in so many ways by an illegal alien. After which she claimed that I threw it in reverse and hit her. Her insurance company denied my claim (yes illegals can and do get auto insurance in Texas). So, to the OP, consider yourself lucky that the chick was not a lying bastard.
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      07-19-2011, 08:41 PM   #14
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Quote:
Originally Posted by varsity View Post
No. You need to deal with the woman's insurance company directly. If you don't care to, hire a lawyer and pay him out of your own pocket to do it for you. You do not pay your insurance company to advocate for you; you pay your company to pay claims against your policy as opposed to other's peoples policies. Moreover, you don't want a claim against your policy for the damage that someone else caused. Also you should've gotten a police report in order to avoid the inevitable he-said she-said.

Provided that you didn't waive rights when you accepted that first check, Allstate will pay to have your car fixed at the appropriate cost. The reason they gave you that first check was in the hopes that you would bugger off. Get on the horn with Allstate now, find out the adjuster's name, the adjuster's supervisor's name, the claims handler's name, all their phone numbers and e-mails, and articulate clearly to each of them exactly what you want. The more noise you make (pointed noise, not mindless noise), the sooner and more likely you'll get this settled in your favor. You might even try to squeeze a diminished-value check out of them.
That's not what I was advised to do when my e46 m3 was totaled in a similar situation. I dealt 100% with my insurance company and they went after her company (state farm) afterwards. I got exceptional value for my 01 M3 as my insurance did all the estimating.

I would call your insurance company and have them contact her insurance to figure out how to handle the situation.
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      07-19-2011, 09:53 PM   #15
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I would deal directly with the adverse insurance co. Similar accident happened with me in my G37. I was rear ended by someone while I was at a stop. If I remember correctly, I was cut a check for their estimate. I did not sign a property damage or bodily injury release and used my own body shop. There was a supplemental estimate paid directly to the body shop by the adverse carrier and the adverse carrier set me up with a rental. The key is to keep the adverse carrier in the loop. If you canít get them to respond get the adjuster's supervisor. I would leave your insurance out of this. If they pay they are going to subrogate against the adverse carrier anyway. No need for all this effort since the adverse carrier already accepted liability for the accident. Not sure why DOT showed up and not the police. Never seen that happen before. You should have definitely pursued a police report. Good luck!
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      07-19-2011, 11:53 PM   #16
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Honestly your lucky, I had the same thing happen to me but the lady was old and sweet and was like oh its all my fault and I accept responsibility.... Called her insurance company 40 mins later and they said its 100 percent my fault and I had to pay out of pocket.
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      07-20-2011, 03:31 AM   #17
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Two words: Diminished Value. Repeat these words enough until you insurance covers it. If they don't, hire an attorney. Do not take a financial loss due to someone else's mistake.
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      07-20-2011, 06:17 AM   #18
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I had a similar incident with a different car and that is about the way it worked out. I got an estimate and the other party's insurance company sent me check. Actual cost though was about $300 less. I put the rest in my pocket.
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      07-20-2011, 06:44 AM   #19
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Quote:
Originally Posted by Straight Dave View Post
Honestly your lucky, I had the same thing happen to me but the lady was old and sweet and was like oh its all my fault and I accept responsibility.... Called her insurance company 40 mins later and they said its 100 percent my fault and I had to pay out of pocket.
Are the only honest people in Houston M3 drivers?
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      07-20-2011, 10:41 AM   #20
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This is what happened to me yesterday, the lady in front was driving an '11 Range Rover Sport, we were at a stop sign, she started to move and stopped at the middle of the road (she didn't see a car coming) I hit the brakes, the car didn't stop. Over here the Law is if you hit someone from behind, no matter what, it's your fault, after I hit her, i saw the Range had only a paint scratch, I thought to myself my car should have a paint scratch too. Well it seems, my car went a couple of inches underneath the Range. Don't know about the States but here you insure the car for the amount you want to, so mine is insured at $80,000 (it's $130,000 new), my deductible is $3,000. Anyway just wanted top share my story with guys that understand how painful it is to see you car like that, taking my car to the shop today, see what else I broke
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      07-20-2011, 11:40 AM   #21
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Quote:
Originally Posted by ChinoOrtega View Post
This is what happened to me yesterday
I don't think the cost to fix will be much beyond your $3k deductible. Maybe $5k if there's damage behind the bumper cover. You might consider getting a couple estimates before filing a claim with your insurance company.
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      07-20-2011, 11:49 AM   #22
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if there's no damage behind your bumper, then you need a headlight, a bumper, and a hood
but you have front PDC so I don't know...

this is the perfect chance to get an aftermarket front bumper though :P
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