Advice on accident w/ 2019 Silverado?

[M3Master]

Not exactly a mods related topic but I figured I'd get some feedback.

 

Long story short, I'm going home last night and a 16 year old on her phone didn't realize that traffic had stopped in front of her.  She swerved into my lane and I hit her.  She apparently is on her parents insurance(Amica) but is not terribly concerned with communicating with me or getting the claim initiated.  I feel it's pretty clear from my dash cam video, that I'm not at fault here.  Still, since there were no injuries and the cops didn't come out because of that, there is no police report.  I don't know for sure but I'm thinking they may point the finger at me and make it a he said she said kinda thing.

 

So, what would you do?   I can't obviously force her to call her insurance company and start a claim.  Can I call her insurance company?   I have Farmer's and I guess I could open a claim and let them handle it...but I also don't want my insurance cancelled because of this or my rates to get all jacked up.  Still, I need a rental car, my truck fixed and of course diminished value on my 2 week old truck.   Don't have really any experience with this kind of thing so what would y'all do?  I already know where I'm having it fixed(they do all the high end Lambo's/exotics in town).  Their labor rates are higher than insurance will pay but I'll gladly come out of pocket for the difference for a top notch job.

 

Good thing is...no suspension damage, no wheel/tire damage.  No warning lights..no airbags...nothing like that.  Appears to be mainly fender/headlight and bumper.  Cosmetic $hit.  The fender to door gap appears to be ever so slightly closed up, but it doesn't bind/rub at all.

 

https://www.dropbox.com/s/edkb3bqdpbopaox/silveradoAccident20190109.mp4

 

Also, if you don't have a dash cam...GET ONE!  Thanks for your feedback.

 

 

[KJS Sullivan]

Due to the amount of damage it looks like you are probably going to have to initiated claim with your insurance company for them to pursue her. I hope you got her contact information plate number Etc your footage on your dash cam is very important make sure you save that and it doesn't Loop over your recording card. Save the video, initiate a claim with your insurance company to get the ball rolling. Amazing that the police wouldn't do a report since the damages in excess of $500 and it wasn't in a parking lot. Good luck with this, sad your truck is brand new.

[M3Master]

Yea, man I appreciate it.   Video is saved for sure.  I'm leaning toward your suggestion of letting Farmer's drive the repair because it may be weeks before Amica accepts fault(I honestly don't know how long that stuff takes).  But yea, at least if I do that I can get the ball rolling now on the repair.  I appreciate the advice.

[aseibel]

yeah, get your insurance co on the phone. this is why you pay them. Let them chase down the girl's insurance carrier. If you are not at fault, it should not affect your rates.

 

Edit: I missed your video. That's awesome how it took almost 4 seconds after the car in front of her lit up the brake lights for her to react. If you take this video to the police, she should get a ticket for inattentive driving.

Edited January 10, 2019 by aseibel

[BillK01]

2 minutes ago, M3Master said:

Yea, man I appreciate it.   Video is saved for sure.  I'm leaning toward your suggestion of letting Farmer's drive the repair because it may be weeks before Amica accepts fault(I honestly don't know how long that stuff takes).  But yea, at least if I do that I can get the ball rolling now on the repair.  I appreciate the advice.

You can try calling Amica direct and initiate a claim as the claimant.  Happens all the time.  Obviously the quickest way is turn it into your own carrier and handle it there and let them later subrogate Amica to collect back your deductible and whatever else they have paid out.   In PA unless a vehicle is non-drivable or someone is injured they won't do a police report.  It sucks.

[M3Master]

Just now, BillK01 said:

You can try calling Amica direct and initiate a claim as the claimant.  Happens all the time.  Obviously the quickest way is turn it into your own carrier and handle it there and let them later subrogate Amica to collect back your deductible and whatever else they have paid out.   In PA unless a vehicle is non-drivable or someone is injured they won't do a police report.  It sucks.

Yea, I called 911 right after it happened.  They basically said because the vehicles are drivable and no-one was hurt, that I just need to download the accident report form and mail it in.  So same deal as PA sounds like.  My agent of course says that because I'm not at fault that it ~shouldn't~ affect my rates...but we all know how that goes.  Thanks.

[gixxerk8]

As everyone has said. Turn it into Farmers and get it fixed and let them argue it out. Had something similar happen a few years ago and drove my truck for two weeks jacked up dealing with other ins co, then they denied to pay. I had a police citation written to other driver and they still declined paying.  Turned into my ins and had it fixed immediately. Had to pay the deductible.  Took State Farm just over a year to win the case and I got my deductible paid back to me. No increase in my insurance. Good luck.

[M3Master]

All, I really appreciate the advice.  I'm just sick that my new truck is damaged.  And of course all the guys at work are telling me "you're screwed...it'll never be the same".  I really appreciate the support.

[BillK01]

18 minutes ago, M3Master said:

Yea, I called 911 right after it happened.  They basically said because the vehicles are drivable and no-one was hurt, that I just need to download the accident report form and mail it in.  So same deal as PA sounds like.  My agent of course says that because I'm not at fault that it ~shouldn't~ affect my rates...but we all know how that goes.  Thanks.

It would depend on if they recoup what they paid out and if Amica admits fault. 

 

In PA there's a specific threshold for an auto accident (not a comprehensive claim) to be surchargeable - it is currently $1,700 - so if your carrier pays out $1,700 or more on your behalf (and you don't have accident forgiveness) - you are subject to an accident surcharge at the next renewal. 

 

You may want to ask your agent what (if any) the threshold is in TX - as well as if you maybe have accident forgiveness (not that it should even matter in this case) - but I would doubt given what you've said so far that it's going to go against you once the dust settles.

 

As far as it "never being the same" goes - if you have a good body man you'll never know anything happened.  Don't sweat it.  

Edited January 10, 2019 by BillK01

[Daverado]

I think all of this has been said above, and sounds like you've already started some of this too.  Step by step this is what has typically always worked for me:

 

1.  Document everything as clearly and concisely as possible.  Fill out that accident report.

 

2. Call your own insurance and get on the record with them regarding what happened, get them the video, etc.  Make sure your story is consistent.  This way they are not surprised if they get a call from the other party claiming its your fault.

 

3. Call the other party's insurance and initiate a claim with them.  Provide them all of the same details and video evidence.  Make sure your story is consistent.  This way they are not surprised if they get a call from the other party claiming its your fault.  You can technically make your own insurance company do this, but it's your truck and your time, it's just more important to you.

 

4. Get to the body shop ASAP, get documentation for what needs fixing and costs.  Make sure it's consistent with your story as well.  Send this information to both insurance companies.

 

5. Check in periodically with both insurance companies and remind them of their responsibility to resolve this ASAP.

 

When you step up and initiate everything it goes a long way in your favor from my experience.  Insurance companies don't like having to explain for their customer who hasn't contacted them and refuses to return their phone calls.

 

[t76turbo]

Not sure if it was said but you can call her insurance as well.  OR allow your insurance to coordinate.  I have done it both ways. 

 

Hopefully dash cam shows what you need.  But most people are willing to accept responsibility when they are at fault.  The exception is when you hit them and they start getting sue happy.  I have a dash cam in my vehicle but really need to get one for the other cars in my family.

[M3Master]

I called my agent and he advised me to TRY w/ Amica directly first.  Which I have now done...they are reaching out to their insured.  He said that even if Farmer's pays NOTHING out, it is still a tick mark that you were involved in a collision which affects your risk assessment.  So, its definitely better if you don't open a claim...but if you can't get the other party to cooperate in a timely matter, you have no choice if you want your stuff fixed.

 

[MadCaddie]

I was involved in a 4 car accident over the summer.  While I initially called and filed with Travelers (Driver 1 and at fault) I immediately called All State and filed with them as well.  Luckily I did, because as of today (7 months later) Travelers has still not paid out on the claim.  I would have been without a rental and had to pay the body shop 8600 plus my tow bill if I was waiting on them. 

 

At this point, even if Travelers never pays out a dime, and even though my insurance covered everything, it effects my rates in no way as all 4 insurance companies declared me to not be at fault.  (The fight is currently between the 2 moving vehicles insurance Co.) 

 

 

[Black02Silverado]

Man this stinks!.  Dash cams are well worth the cost.  I got one in my Cruze, putting one in the wifes suburban and getting one for the new Silverado.

 

 

[M3Master]

I totally agree.  And this is what I discussed w/ my Agent.  If there is no traction by maybe Tuesday, then we will initiate the claim with Farmer's and take the hit.   But his advice was to at least give them the chance to own the problem.

 

Objectively speaking, does anyone see any way to dispute that the other driver was at fault?  I'm just wondering if there is any logical way they could view their party not at fault.