insurance, please help. Advice

[look 171]

After my pipe falling from the trash truck (see my other thread) BS, I get rear ended 3 days later over the weekend in the same car. A crazy woman runs the gutter and sees a park car then comes back into my lane and could not stop fast enough and smashes my rear bumper. I pull over but she kept going around the neighborhood. 15 minutes later she pull into the gas station. I was not going to let her go and called 911 to see if there's a cop around. the operator tells me to pull over and wait for a cop. of course I did not do that. I flagged down some cops at a donut shop across the street from the gas station. No, really. No police report, but info exchanged. Nothing on the hit and run because none of us were hurt. Her insurance guy tells me that it was road rage, and that she fear for her life and wanted a statement from me so he can determine what to do with the payout or claim against me. I ask him that if it was really just up to him on the our come of this claim. His answer was yes. Seem like I am getting screw on this deal too? why would they pay out if she BS them. Lucky I took some pics at the gas station.
Any thoughts?

[RANDY P]

claim it against your insurance and tell them what happened. They'll go after HER insurance to pay for it.

Get the plate, she fled the scene of an accident.....

rjp

[look 171]

I got an estimate for a little over 1200 bucks, but my deducible is $1000. Is it a waste and worth the risk of my insurance going up if find me a fault (highly unlikely die to the rear end impact)

[Zeke]

You don't pay the deductible when not at fault. Only if fault is not determined or it's your fault. Her ins guy is way off in suggesting that you partook in road rage because you tracked her down. And anyway, there was no rage on your part at the time of the damage even if you subsequently became angry. Road rage is not a factor here.

That guy is reaching and trying to intimidate you. Tell him your neck is now sore. And tell him to suck balls. And I don't understand the cops, but if they didn't see it, they didn't see it. Still, they just don't want to do the paperwork or have to go to court.

Cops are useless in minor accidents.

[JAR0023]

Whether she fled or not shouldn't really have any bearing on whether she's at fault for the accident. People react all kinds of ways when they have an accident. If the adjuster has any ethics at all they'll take statements from both parties and use damages to confirm the facts of loss.

If she rear ended you she should be at fault and her insurance company should pay. Disclaimer is that each state can be different but rear ending someone pretty much puts them at fault. PD should have written a report if it happened on the street, but many don't. Can you walk in and file an incident report in your AO? You can at least make your version official. You are basically making an official statement to the PD on what happened. If you can I would. She could and lie. It's a CYA thing.

I've worked in the industry for years. I try to keep an open mind and listen to everyone. Majority of persons are nice and honest. Some are lying sacks of horse$&%t. What's the old adage? Trust but verify. Feel free to PM me if you have specific questions. -J

[JAR0023]

Originally Posted by Zeke

You don't pay the deductible when not at fault. Only if fault is not determined or it's your fault. [snip]

If her insurance company is non-cooperative and he has to file with his carrier, they'll cover it under his first party collision coverage. There's a deductible written into the contract doesn't matter who is at fault. First party coverage is contractual. That being said there are certain states and certain companies that will waive the first party/COLL deductible when the subrogable party is known and admits liability. Good luck getting an insurance company to waive a $1k deductible if they don't have to. -J

[Tobra]

Get your insurance involved. Just because they are on the case, does not mean you need to take it into the shop tomorrow. This woman and her insurance agent are a couple of real pieces of work. It is only up to either of those asshats if you don't get your insurance involved.

Oh, and she left the scene of an accident where more than a thousand dollars damage was done. Pretty sure that is a crime, maybe even a felony.