Not so new anymore...

My beautiful 2013 Leaf with 3500miles has already been rear-ended at 65mph. Luckily, I am being dramatic. I was going 65mph and the other car was going waaaay faster until they locked their brakes so the actual delta impact was pretty low, probably 5-10mph. My bumper is all cracked by the license plate area, and the gap between the bumper and rear quarter panels is uneven now (my OCD-ness is going crazy). Doesn't look too bad, but it is brand new and sucks when stupid drivers ruin your new car. It was my first new car too, all the others have been used.

I also get to see what a scam insurance companies are, yay...

Luckily no injuries.

My guess is just a new bumper will fix it, but I am already guessing that will be a $K or two. I am also going to ask for diminished value.

Just wanted to vent, oh well.

It hurts! State Farm and my dealer (Stadium Nissan of Orange) both recommend Fix Auto, a chain of body shops, and they did a superb job. It was impossible to see where the girl turned into me.

I know you feel bad but there really are good body shops. The bad thing was I was stuck with an ICE Altima for a week.

what did the other driver get charged with?

I had a little old lady tear off half of my bumper in the grocery store parking lot last year and was surprised by how little the repair cost end up. Her insurance covered the $600 for a new bumper and for the paintjob.

Here's a link to the topic someone else started when they got it

http://www.mynissanleaf.com/viewtopic.php?f=30&t=14771

Other driver got charged with reckless driving, which I hear is standard for a rear collision. I think it is 4points and $165 from what the officer told me.

The fun part starts now. After the morning of dealing with my insurance company and their insurance company, I find out that he isn't insured to drive that car! Woohoo. The insurance agent told me pretty bluntly that he doesn't expect his insurance (Progressive) to pay out anything. So it looks like I am on the hook with my insurance. Pay a company a couple hundred dollars a month for years and when you do nothing wrong, you get slapped with a deductible and most probably a rate increase. It is a wonder how it is even legal...

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

2k1Toaster said:

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

Click to expand...

Sounds like a good idea to me. I've been left on the hook for others' irresponsibility too, and *not* reporting them doesn't do them any favors. It just enables them to keep doing what they're doing...

Be sure if you have to get a paint job they use low heat when baking the paint or have them drop the battery. Don't know if that will be needed for the damage but just reminder.

Glad no one was hurt.

They painted mine before putting it on.

2k1Toaster said:

Other driver got charged with reckless driving, which I hear is standard for a rear collision. I think it is 4points and $165 from what the officer told me.

The fun part starts now. After the morning of dealing with my insurance company and their insurance company, I find out that he isn't insured to drive that car! Woohoo. The insurance agent told me pretty bluntly that he doesn't expect his insurance (Progressive) to pay out anything. So it looks like I am on the hook with my insurance. Pay a company a couple hundred dollars a month for years and when you do nothing wrong, you get slapped with a deductible and most probably a rate increase. It is a wonder how it is even legal...

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

Click to expand...

reckless driving is WAAAY above the standard charge but appropriate in this situation.

most get

following too closely for conditions

distracted driving ( a new law here)

Reckless Driving is a gross misdemeanor here i believe. the other two are traffic infractions

Good luck! sixteen years ago I turned into a motorcycle with no insurance. That just means you lose your deductible and your carrier handles the details. Let me tell you when you get served for $10M it ruins your entire evening.

2k1Toaster said:

Other driver got charged with reckless driving, which I hear is standard for a rear collision. I think it is 4points and $165 from what the officer told me.

The fun part starts now. After the morning of dealing with my insurance company and their insurance company, I find out that he isn't insured to drive that car! Woohoo. The insurance agent told me pretty bluntly that he doesn't expect his insurance (Progressive) to pay out anything. So it looks like I am on the hook with my insurance. Pay a company a couple hundred dollars a month for years and when you do nothing wrong, you get slapped with a deductible and most probably a rate increase. It is a wonder how it is even legal...

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

Click to expand...

GlennD said:

Good luck! sixteen years ago I turned into a motorcycle with no insurance. That just means you lose your deductible and your carrier handles the details. Let me tell you when you get served for $10M it ruins your entire evening.

2k1Toaster said:

Other driver got charged with reckless driving, which I hear is standard for a rear collision. I think it is 4points and $165 from what the officer told me.

The fun part starts now. After the morning of dealing with my insurance company and their insurance company, I find out that he isn't insured to drive that car! Woohoo. The insurance agent told me pretty bluntly that he doesn't expect his insurance (Progressive) to pay out anything. So it looks like I am on the hook with my insurance. Pay a company a couple hundred dollars a month for years and when you do nothing wrong, you get slapped with a deductible and most probably a rate increase. It is a wonder how it is even legal...

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

Click to expand...

Click to expand...

Insurance or no insurance if he is at fault, he is still 100% legally responsible for your loss.
If the tickets (charges) are upheld, then he is indefensibly de facto "at fault", and is on the hook for the repairs (at least).

Might want to hold that latest phone call to the PO PO over his head until he comes up with the repair costs.

His uninsured status is HIS problem, not yours.
(which I know is easy to say, because it's a PITA)
Good luck

2k1Toaster said:

Other driver got charged with reckless driving, which I hear is standard for a rear collision. I think it is 4points and $165 from what the officer told me.

The fun part starts now. After the morning of dealing with my insurance company and their insurance company, I find out that he isn't insured to drive that car! Woohoo. The insurance agent told me pretty bluntly that he doesn't expect his insurance (Progressive) to pay out anything. So it looks like I am on the hook with my insurance. Pay a company a couple hundred dollars a month for years and when you do nothing wrong, you get slapped with a deductible and most probably a rate increase. It is a wonder how it is even legal...

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

Click to expand...

What state are you in? Because that doesn't sound right to me.

Generally, in all states I've been in where collisions were involved, if one driver is ticketed then the at-fault discussion is over. You have no deductible payment and your insurance company will chase his company for the full amount - or sue him if he has no insurance. The only exception I can think of is states where they offer uninsured driver's coverage - which means that if you get hit by an uninsured driver you pay a little extra on your policy to deal with that. Perhaps you're in one of those states.

cgaydos said:

2k1Toaster said:

Other driver got charged with reckless driving, which I hear is standard for a rear collision. I think it is 4points and $165 from what the officer told me.

The fun part starts now. After the morning of dealing with my insurance company and their insurance company, I find out that he isn't insured to drive that car! Woohoo. The insurance agent told me pretty bluntly that he doesn't expect his insurance (Progressive) to pay out anything. So it looks like I am on the hook with my insurance. Pay a company a couple hundred dollars a month for years and when you do nothing wrong, you get slapped with a deductible and most probably a rate increase. It is a wonder how it is even legal...

I am going to call the police department tomorrow probably and make sure to get them for driving with no insurance.

Click to expand...

What state are you in? Because that doesn't sound right to me.

Generally, in all states I've been in where collisions were involved, if one driver is ticketed then the at-fault discussion is over. You have no deductible payment and your insurance company will chase his company for the full amount - or sue him if he has no insurance. The only exception I can think of is states where they offer uninsured driver's coverage - which means that if you get hit by an uninsured driver you pay a little extra on your policy to deal with that. Perhaps you're in one of those states.

Click to expand...

The way it was explained to me was that I either file a claim with his insurance as a third party claimant or I file a claim with my company or I sue him. I filed a claim with his company, Progressive, which unofficially told me that he was not insured under the policy at the time of the accident so they will "most likely" deny the claim. But they still have to get his statement and get an official response to me sometime in the coming weeks.

So filing with my insurance company means I have to pay my deductible. Also I cannot claim diminished value against my own insurance company for some legal reasons. Because I am filing on my policy, I know my rates will then go up even though it is not my fault. If the insurance pays out, you pay more of a premium.

I can then sue him personally for damages. I can collect my deposit back and pocket the money as well as diminished value. If I get any extra money for the actual cost of the repair, I would be required to give the excess back to my insurance company if I understand the law properly.

The other way is to forget insurance and sue him personally for everything. He can then get his insurance company to pay him back minus deductible but the onus is on him to deal with his own company.

That sounds like a really bad situation. You haven't mentioned your state. Here in Colorado it doesn't work that way at all. Alas, one of my kids was recently ticketed in a two-car accident so I know how it works here. The other party's insurance is working with our insurance to come to a settlement, and of course my insurance will pay the other party completely, including full deductible. I've also seen it work this way when the other party was ticketed and didn't have insurance (this was back in 1981) here in Colorado. Our insurance paid us completely without rate increase or deductible and sued the other party to recover the costs.

Good luck.

Was the driver of the other car the owner of that car? If not, was he an excluded driver from that car's policy?

These are the only things I can think of as to why Progressive is saying they might not cover you:

• The car that hit you had no insurance coverage whatsoever
• The car was driven by someone other than the owner, and the owner had specifically listed that person as an excluded driver in order to get a cheaper rate. This happens when someone with a high insurance risk (teenager old enough to drive, convicted DUI driver, etc.) lives in the same home as the car's owner

Otherwise, my understanding is that insurance goes with the car, not the driver, and if the car had any third-party liability coverage, it would apply to anybody driving it except a specifically excluded driver as per http://www.esurance.com/insurance-resources/car-insurance-follows-driver-myth" onclick="window.open(this.href);return false;

All of our speculation is assuming that you purchased uninsured motorist coverage from Progressive. If not, then you are truly screwed!

If you are covered then all you can lose is your deductible. In my case I lost my $500.

cgaydos said:

That sounds like a really bad situation. You haven't mentioned your state. Here in Colorado it doesn't work that way at all. Alas, one of my kids was recently ticketed in a two-car accident so I know how it works here. The other party's insurance is working with our insurance to come to a settlement, and of course my insurance will pay the other party completely, including full deductible. I've also seen it work this way when the other party was ticketed and didn't have insurance (this was back in 1981) here in Colorado. Our insurance paid us completely without rate increase or deductible and sued the other party to recover the costs.

Good luck.

Click to expand...

I am in Colorado.

Their insurance called me today and told me that while the car was covered, they specifically excluded the driver from the policy. And therefore it is not covered.

I then called the police officer and told them what they told me. He called Progressive and they told the officer that that just means their car gets no coverage but they have to pay my damages. He also issued a ticket for no insurance to him and was going to go deliver it to his address tonight. So tomorrow I will have to call them again and see what is actually going on.

RonDawg said:

Was the driver of the other car the owner of that car? If not, was he an excluded driver from that car's policy?

These are the only things I can think of as to why Progressive is saying they might not cover you:

• The car that hit you had no insurance coverage whatsoever
• The car was driven by someone other than the owner, and the owner had specifically listed that person as an excluded driver in order to get a cheaper rate. This happens when someone with a high insurance risk (teenager old enough to drive, convicted DUI driver, etc.) lives in the same home as the car's owner

Otherwise, my understanding is that insurance goes with the car, not the driver, and if the car had any third-party liability coverage, it would apply to anybody driving it except a specifically excluded driver as per http://www.esurance.com/insurance-resources/car-insurance-follows-driver-myth" onclick="window.open(this.href);return false;

Click to expand...

The driver was not the owner and was specifically excluded from the policy. He's 25, so he should have his own insurance/car anyways. Obviously not.

GlennD said:

All of our speculation is assuming that you purchased uninsured motorist coverage from Progressive. If not, then you are truly screwed!

If you are covered then all you can lose is your deductible. In my case I lost my $500.

Click to expand...

My insurance company is Travellers. They have been helpful so far. I don't need uninsured motorist coverage since I have full coverage on all my vehicles anyways. They have already told me they will fix it fully for everything but deductible. But then I cannot get diminished value from my own insurance company. It is also filed on my policy. Even though I am not at fault, I know they will increase rates. But oh well.

cgaydos said:

That sounds like a really bad situation. You haven't mentioned your state. Here in Colorado it doesn't work that way at all. Alas, one of my kids was recently ticketed in a two-car accident so I know how it works here. The other party's insurance is working with our insurance to come to a settlement, and of course my insurance will pay the other party completely, including full deductible. I've also seen it work this way when the other party was ticketed and didn't have insurance (this was back in 1981) here in Colorado. Our insurance paid us completely without rate increase or deductible and sued the other party to recover the costs.

Good luck.

Click to expand...

This is how it worked for my insurance company as well when I was rear-ended by some one without insurance.