Liability Insurance Only. Accident Not My Fault. Insurance Company Agrees. At Fault Driver's Insurance Disagrees Based Solely On Their Customers False Statement.
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This is such a long complicated story, the accident happened over a month ago and I'm no closer to having this resolved. I'm hoping before I send my letter to the insurance company requesting they do a thorough investigation, I want to know if I'm wrong or expecting too much while only having liability and if anyone knows how I can get this handled. The at fault driver gave a false statement to his insurance company and is blaming the accident on me. His insurance company has denied my claim stating their driver stated I went into his lane. I am 1000% sure, it is NOT MY FAULT and I DID NOT enter his lane. This poses a problem since the RV is DESTROYED, the entire side is sideswiped, parts fell off and every compartment door is significantly damaged. The RV is worth between $14k - $18k. I personally think it's totaled.
I would accept the fact I'm stuck with a damaged RV had the accident been my fault. This is not the case and frankly I'm fucking LIVID at how the insurance companies have handled my claim.
After the accident and after a week going by and hearing nothing, I ask my bf to call since he's the policy holder. We're in California. The policy covers the RV regardless of who's driving as long as the policyholder gave them permission to drive the vehicle which is the case.
He gets on the phone with the at fault drivers insurance ( State Farm ). He had the phone on speaker so I could hear what was going on. They tell him the other driver said I went in HIS lane and therefore they are putting me at fault. Well I nearly fucking lost it! I had to leave the room I was livid and about to go off so I had to walk away.
The next day I called my bfs insurance myself because I was pretty upset. They told me that they did NOT find me at fault, they're denying liability and the claim is still "pending".
The statement he gave his insurance company is completely false. He told them I went into his lane when the truth is the exact opposite.
I realized I'll need to somehow prove it wasn't my fault. If not, I'm out an RV and this guy's negligence is going to fall on me. This pisses me off beyond words. They're going off a false statement. I have no photos of the accident scene where his cars front end was in my lane. because my phone happened to be dead at the time. and not charging because I had no idea it was dead. The guy backed his vehicle out of my lane at the scene. During this time, we were stopped at a red light / railroad crossing with a train going by. When the light turned green, he had already moved so I proceeded to go straight through the intersection toward my destination while finding a safe place to pull over. There was no sense in holding up one of the busiest intersections. The scene was destroyed the moment he backed out of my lane.
So I'm left with no witnesses, no actual accident photos, no useful police report. There are only photos of the damage to both vehicles and my statement.
I realized I will need to obtain video of the accident. There are 6 cameras at the intersection. After nearly 3 weeks I was not able to get any of the footage. After going to the sheriff's and the city and the traffic light administratorI was unable to get the footage. I was told by the traffic admin, they don't keep recordings. I don't believe that but whatever.
I had been reading up on insurance and liability and what their role is etc. I realized they had 40 days to come to a conclusion. By this time it was 35 days or so. During this time I had been going to all the businesses who had cameras with a possible view of the accident. Most could not help me or would not help me. I even wrote letters to each of them offering $500 cash to anyone providing me with footage of the accident. During this time, I heard nothing from either insurance so I called the at fault drivers insurance to find out what was going on. This was last Thursday June 25th. 35 days after the accident. His insurance company ( State Farm ) told me they were denying the claim. I was upset and asked him about the photos. The damage to the vehicles should tell part of the story. He then says they never got photos. They never got my statement. They never even got my contact information and that they determined fault solely on their customers statement!!!! I was told by AAA my bfs insurance, they were forwarding everything to State Farm. Now State Farms telling me they got nothing. So they are going solely by a false statement. This is bullshit. It is not a "thorough investigation" they didn't even TRY to get anything from anyone. They just took his statement and decided to run with that. Costing me points on my driver's record, higher insurance, an accident I didn't cause and Be out of roughly $15k. ( The RV is actually mine, my bf gave it to me as part of an agreement we made cuz he owed me money )
I then insisted he take my statement - hear my side of what happened. I also sent him the photos of the damaged vehicles. He recorded my statement.
I told him I was trying to obtain video and that I might have something tomorrow or Monday. He said I would need video proof in order to change the outcome and that the case was not yet closed. He said if I get video they will be sure to cover the repairs for the RV. Well the next day I obtained video from one of the businesses that told me to come back in a few days. It's far away and it's not the best but it shows the accident and it perfectly aligns with my story.
I sent it to my bfs insurance ( AAA ) figuring they could use it to prove I'm not at fault. I did not send it to the guys insurance at that time because it was far away and I wanted there to be no question left and there was another business next door I had visited a few days before who sounded like he was willing to help with a much better view from their camera I would go the next day and try to get that one first. When I went the guy was obviously not interested in helping me, he claimed he looked and saw nothing. I ended up using my phones screen recorder to record the video while zoomed in on the accident and slowed it down to 25%. I then sent it to State Farm June 29th. In the email I asked him to acknowledge receipt.
I also called and left a message asking him to acknowledge receipt. I received an automated response saying my email was received.
Today is the 1st and I've heard nothing. I forgot to mention when I called to let him know I sent the video I got voicemail. So I called back again and got another person who told me the claim was denied. I asked him when it was denied he said "the 23rd" I asked him for a copy of that denial as well as an explanation of what they based their reason on, what information and how was it acquired. The next day I received the letter. It was dated May 28th...7 days after the accident. It was solely based on their customers bullshit version of the story. He totally blamed me for exactly what he did! I'm furious!!
None of the available evidence was considered or even SEEN, NO STATEMENT, no photos, just their guys story!
I have yet to get a response from the other guys insurance about the video which clearly shows him in my lane and backing out of my lane!
I intend on filing a complaint with the insurance commissioner. I realize I can request a reopening of the case and a review....believe me this is not going to happen. I am NOT GOING TO ALLOW THIS SHIT TO HAPPEN. To me the way it was handled by both insurance companies is absolute bullshit. Is it because I only have liability so they're just denying my claim because they think I'm stupid and will just accept having this pinned on me without fighting back? Is my bfs insurance company supposed to argue for me or is that only if there's collision on the RV? I know the insurance has an obligation to conduct a non-biased THOROUGH Investigation according to insurance statutes. I feel neither did their job and I'm the one left with the bill.
Does anyone know anything about this type of situation? Why the at fault drivers insurance seems to be ignoring me? Why AAA never sent them ANYTHING? I intend on sending them an email both of them stating everything they seemed to have failed to do. Asking them why and letting them know this is not going to fly. I'll take them to court if I have to I'm not going to let this happen. I feel like I'm being railroaded. This guy crashes into me, says I crashed into him and my claim gets denied?!?!
When one insurance claims you're not at fault and the other one doesn't how is that supposed to get resolved? Ive been stressed about this the entire time since it happened. I knew the guy was going to not admit fault going by the shit he said at the scene. If anyone's interested I'll include that part below. I was including it in the story but realized it was going to be too long. If anyone can tell me what to expect when filing a complaint to the insurance commissioner.....or do I even have a valid complaint? I believe I do. Since when do insurance companies decide liability solely going off one sides statement?
**ADDITIONAL CONTEXT if interested **
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Accident details and other driver statements to me and my bf after the accident. I told this in both my statements. The other driver said nothing about any of it and only stated "she came in my lane and hit me".
The photos were shown to AI and was said the other driver hit me going by the direction of the damage patterns.
That is an accurate assessment. That is what happened.
This is why I'm pissed off the insurance never even looked. No one came to look at the RV either. So the damage wasn't even seen by State farm. Nothing was considered just 1 false statement.
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There were no injuries, we were probably going less than 10 mph when the car came into my lane hit the side of my RV causing his car to turn sideways and became lodged onto my RV. We were in side by side lanes both supposed to be turning left. ( I'm convinced he hit me because just as he originally stated, he was turning right not left! There are dotted lines in the road to guide the right turn laners. It is a white dotted line located between the 2 left turn lanes and the 2 right hand lanes that flows throughout the turn to keep drivers within their perspective lanes approximations. It is my understanding the other driver believes he is supposed to follow those lines all the way from the light through the left turn and instead if maintaining his path in the far left lane he crosses over to the right side during the turn and that is what he was doing and why he hit me. It's basically what he was trying to explain. If not then he's either nuts or he's mentally retarded. Don't give me shit about the "r" word and being offended! I can't compare it to anything else. If he really believes a left turn only lane means you can be in that lane while turning then come out in the far right lane 4 lanes over I don't know what else to call that! ) I think after my bf and I told him he was wrong and I showed him the map of the road and the arrows, he realized he was wrong and that's why he wouldn't talk about it all of a sudden! ( This part of the story can be read below.) I did not tell the insurance this because it is merely my opinion.
Okay continuing..... We were approaching a red light as well. Just as I was completing my turn and coming to a stop. Looking in my side mirror his cars front end was in my lane. I picked up my phone to take a photo, held it up to my outside mirror where I had a perfect view, about to snap a picture and to my borrow realized my phone is dead! As that was sinking in, I frantically plugged it in to charge while keeping my eye on the guy lodged up against my RV...he's revving his engine in an effort to dislodges his Mustang from my RV. I hear metal crunching as he backs up out of my lane back into his lane. The light turned green were at a busy intersection so I continue forward looking for somewhere safe to pull over. He follows. We're about a block away now, we pull over and I say "WHAT THE HELL WERE YOU DOING?
He states I was in the wrong lane. "What!?!" Wrong lane? I said "What ARE YOU TALKING ABOUT!?!?" Then I repeated, "What are you talking about "wrong lane?
He says: " You were supposed to turn right!" I said " No I wasn't what the hell are you talking about? The lane is clearly a left arrow, I drive on this road several times a day!" Which way were YOU GOING?" He goes, I was turning right!" I'm like "You can't turn RIGHT on a left arrow, you were all the way 4 lanes away from the right turn lane, what are you talking about?" We argue I say "ok then we call the cops I guess" that's when I walked back to the RV, grabbed my barely charges phone and call my boyfriend. I told him he better get here quick - he needs to hear this guy, what he's saying it's a problem come right now." He says he's only 5 minutes away. That's when I called the cops they said 3 hours I said forget it. This was a 4 lane street on each side at a 4-way intersection. Our sides 4 lanes included 2 left turn arrow lanes - one of them being a left arrow / straight arrow combo. That's the lane I was in. He was in the lane to my left the left turn only lane. We were in the far left lanes turning left onto another 4 lane road marked the same. The lanes we turned into were also a red light and a railroad crossing. I was thinking "this guy is crazy, what is he talking about? I then walked back over to him and pulled up Google maps to show him the lanes and how he was wrong. My bf arrives and walks up to the guy and asked him what happened. He says the SAME THING AGAIN. AT the same time my bf and I say "YOURE WRONG!" "That's a left turn arrow!" I decided to call the cops again if for anything to have the cop tell the guy explain to him the lane he was in is a left turn lane. The cop says he'll be here in 2 hours this time.
We walk away to get my bfs insurance info which isn't in the RV it's on his email. While looking I said: " Turn your voice recorder on, I have mine on let's go record the guy telling us he was tryna turn right" so we walk back up to the guy and my bf says " can you tell me again what happened because I'm really confused. The guy folds his arms and shakes his head no and says "nope, I'm not explaining it again, I'm done talking about it
Cop arrives ( sheriff actually ) and he wouldn't let me get a word in. Wouldn't stop and listen to what I was trying to ask him ( explain to the guy the lanes purpose - even though it was crystal clearly marked ).
The cop just kept talking over me saying he couldn't determine fault, that's not why he's here, going on and on about fault....duh. no shit. He didn't even know where it happened! That's not what I was trying to say or ask! He then says "Do you want me to file a report or not? If you do, you need to be aware you'll both get a point on your driver's license then one on each vehicle" Huh?
I'm like "what? Why? That makes no sense" He repeats and I say "forget it, I don't need or want points on my driving record. It's the last thing I need. I did nothing wrong". So I didn't file one. Guy gets his driveable car towed, tells me "it's a lot of damage" I'm like "Sure is" I'm like "so why were you in the left lane going right?" He goes "you came in my lane, I'm not at fault you are" I was fucking shocked! I chuckled and said "Oh okay. That's not what happened and you know it!"
At that moment I realized he wasn't going to admit fault. I at least suspected anyway. As I was pulling away so was the sheriff. Clearly the guy didn't file a police report either. I later found out it is not true about the points on your driving record. I wonder if they say that as a deterrent so they aren't wasting their time playing secretary when they could be chasing criminals instead. The sheriff did mention getting camera footage. He gave me the idea. He said insurance companies sometimes pull them to get the story. Both insurance companies denied this when I asked them. They told me they don't do that. I also asked if they commonly see traffic light camera footage as evidence. They both said no.
There are 6 cameras at the lights in the intersection. One on each light and 2 others. One with a BIRD'S EYE VIEW not 20 feet away from the accident. It's on a street light pole on the corner. I went to the business and they said they don't have cameras. I didn't see any. I called the city. They told me to call the sheriff's office. I called the sheriff's office, they told me to call the city. I called the city back. They put me on hold and told me I had to call the traffic light administrators office.....I'll stop while I'm ahead.