Auto Insurance Question

[socalmofo]

I have a questions for an insurance Rep/Adjuster/Lawyer Etc.
Anyone here?
Driving down a road and a chick slams in the back of my car - Just got the paper from the insurance and the arbitrator ruled 50/50.. I am 100% not at fault just driving down the road......I wan't to get this off my record....Do I have to hire a lawyer? This is small stuff but it is pissing me off that I got blamed 50% for driving down the road at NO fault of my own. My Ins. is Mercury and hers is Allstate.

[socalmofo]

She hit the back corner. I'm driving straight down a street - she is parked along right side she turns out just as I go by and clips the back rear - Say's I cut her off. I was just driving and got hit.

[Cole Trickle]

She hit the back corner. I'm driving straight down a street - she is parked along right side she turns out just as I go by and clips the back rear - Say's I cut her off. I was just driving and got hit.
Straight rearends are usually easy to place blame.
Sounds like there is a tad more to your story and there was no police report or witnesses?
Basicly a he said she said deal....:(
Check with your agent and have them check but I don't think they will charge you for an accident that is 50% at fault.

[Tyson Ross]

Based on point of impact I do not see how they say your 50%. I would hope your insurance company is not agreeing with Allstate. Your insurance should deny their claim, get your car repaired through your own company and they will subrogate for 100% throught Allstate. If Allstate won't give then it could go to inter-company arbitration. Back in the day your rate would not be affected if 50% or less at fault, which is why companies will push to get 50% accepted by other carrier.
Another options is take other party to small claims, do not name Allstate on lawsuit. Other party will freak out and a lot of times other insurance company will accept liability vs. expose their insured.
Good luck.

[ULTRA26 # 1]

It sounds to me as if this matter has already gone through Inter-Company Arbitration. For the Arb panel to have determined fault in this matter to be 50/50 there is no question in my mind that this was not a "I was driving down the street and was rear ended" type of accident. There is more to it than that. For an accident to be charged against one's driving record, 51% must be charged. 51% determines "at fault" Anything less than 51% is considered non-chargable, and will not affect your insurance rates. That's the law.
The findings by the Arb panel are binding.
Also, small claims is not an option. An insured assigns all rights of subrogation to his/her insurer. With regard to the property damage, I believe that this case is closed.
John M

[Tyson Ross]

"It sound to me as if this matter has already gone through Inner-Company Arbitration"
I didn't catch that part till after the fact..:mad:

[Cole Trickle]

It sounds to me as if this matter has already gone through Inter-Company Arbitration. For the Arb panel to have determined fault in this matter to be 50/50 there is no question in my mind that this was not a "I was driving down the street and was rear ended" type of accident. There is more to it than that. For an accident to be charged against one's driving record, 51% must be charged. 51% determines "at fault" Anything less than 51% is considered non-chargable, and will not affect your insurance rates. That's the law.
The findings by the Arb panel are binding.
Also, small claims is not an option. An insured assigns all rights of subrogation to his/her insurer. With regard to the property damage, I believe that this case is closed.
John M
You sound like you know what your talking about;):D

[ULTRA26 # 1]

You sound like you know what your talking about;):D
:) :)
Thanks. Damn I hope so

[socalmofo]

There are more details but I was 100% DRIVING DOWN THE STREET. The damage is consistent with what I am saying. We both have witnesses, Hers showed up 2 days after the crash and would not answer questions at first.Probably was being coached (my witness was the only one around)....My damage was back right and hers was front left. She said I cut her off. I was honestly driving down the road.....Can you appeal the arbitration?
This is Frustrating! I don't want to accept even 1%.

[ULTRA26 # 1]

There are more details but I was 100% DRIVING DOWN THE STREET. The damage is consistent with what I am saying. We both have witnesses, Hers showed up 2 days after the crash and would not answer questions at first.Probably was being coached (my witness was the only one around)....My damage was back right and hers was front left. She said I cut her off. I was honestly driving down the road.....Can you appeal the arbitration?
This is Frustrating! I don't want to accept even 1%.
It sucks but the answer to your question, regarding an appeal, is no. There is no appealing a decision by inter-company arb. Hopefully there were no injuries. The other party has claimed that you changed lanes without signal or something similar. Probablly the most common defense.
I understand your frustration. Fair??? no, but try and let it go. It a waste
Take care
John M

[257]

check with your mercury adjuster if they can't help go to
the supervisor and on up the ladder till you get the total
answer dont be shy thats what you pay for service and
answers

[havasu5150]

Insurance settlments are negotiable. Tell your insurance company that you do not accept their ruling and will not settle for 50% If you continue to get the run around, tell them your going to the insurance board.....they hate that

[ULTRA26 # 1]

Guys,
Mercury has done all that it can. When there is a liabilty dispute, with regard to property damage such as in this case, member companies file their contentions with Inter-Company Arbitration. An arb panel reviews the positions of both sides and issues a ruling. The ruling is binding. In this case it was determined that both parties share fault equally. Complaining to the Depertment of Insurance, to a Supervisor, Manager or anyone else, is a waste of time. Again, the ruling is binding. It may not be a perfect way of settling disputed liability, but it is what most insurers have agreed upon.
John M

[BadKachina]

I understand that you are upset about taking any blame for the accident, but if it doesn't affect your insurance rates and you still don't have to come out of pocket than I would just move on. Sounds to me like they arbitrated instead of spending legal costs to fight a claim that would cost less than the court fees to fight. No injuries, superficial damage to the vehicles, that usually equals not worth fighting to the insurance company. They don't care about the principle of the matter, they care about the bottom line.
My only isuue would be if I had to come out of pocket for your deductable.

[2Driver]

Guys,
Mercury has done all that it can. When there is a liabilty dispute, with regard to property damage such as in this case, member companies file their contentions with Inter-Company Arbitration. An arb panel reviews the positions of both sides and issues a ruling. The ruling is binding. In this case it was determined that both parties share fault equally. Complaining to the Depertment of Insurance, to a Supervisor, Manager or anyone else, is a waste of time. Again, the ruling is binding. It may not be a perfect way of settling disputed liability, but it is what most insurers have agreed upon.
John M
Exactly, I know the management at Mercury in Brea very well and one thing they do is stick up for their policy holders like no other company. If this thing fell to 50 50 then you may even be lucky.

[ULTRA26 # 1]

I understand that you are upset about taking any blame for the accident, but if it doesn't affect your insurance rates and you still don't have to come out of pocket than I would just move on. Sounds to me like they arbitrated instead of spending legal costs to fight a claim that would cost less than the court fees to fight. No injuries, superficial damage to the vehicles, that usually equals not worth fighting to the insurance company. They don't care about the principle of the matter, they care about the bottom line.
My only isuue would be if I had to come out of pocket for your deductable.
He will be paying 1/2 of his deductible, unless Mercury waived, which I doubt.
Exactly, I know the management at Mercury in Brea very well and one thing they do is stick up for their policy holders like no other company. If this thing fell to 50 50 then you may even be lucky.
There are some first class folks at the top at Meccury. Known many of them for years. I still run into one the Claim VP's Mike H. often
John M

[little rowe boat]

check with your mercury adjuster if they can't help go to
the supervisor and on up the ladder till you get the total
answer dont be shy thats what you pay for service and
answers
A friend had a similar situation. He worked his way up until an investigator came out and they walked through it together. The final ruling was he was 000% at fault.
He said it was frustrating, but his persistence paid off.

[Tyson Ross]

"Complaining to the Depertment of Insurance, to a Supervisor, Manager or anyone else, is a waste of time."
If you want to at least piss off your insurance carrier, complain the the DOI. They will then forward complaint to your insurance company and they have to respond w/ in 20 days I think? I hated responding to DOI complaints:mad:

[2Driver]

There are some first class folks at the top at Meccury. Known many of them for years. I still run into one the Claim VP's Mike H. often
John M
Yes I know Mike and his crew all too well. They were very supportive of our company and my position. Tell Mike H the guy from Arizona that used to run U.S. Field Ops for Mitchell says hello.

[ChumpChange]

There are some first class folks at the top at Meccury. Known many of them for years. I still run into one the Claim VP's Mike H. often
John M
My Dad now works for Mercury out of Brea office after some 28yrs of owning his own Claims Adjusting company.

[ULTRA26 # 1]

My Dad now works for Mercury out of Brea office after some 28yrs of owning his own Claims Adjusting company.
Out of curiousity, what was the name of your Dad's company? I been in the claims business nearly that long myself. Our office is in Fullerton.
John M

[ChumpChange]

Out of curiousity, what was the name of your Dad's company? I been in the claims business nearly that long myself. Our office is in Fullerton.
John M
Far West Adjustment Co., Inc.

[ULTRA26 # 1]

Yes I know Mike and his crew all too well. They were very supportive of our company and my position. Tell Mike H the guy from Arizona that used to run U.S. Field Ops for Mitchell says hello.
Will do
Far West Adjustment Co., Inc.
Doesn't ring a bell
"Complaining to the Depertment of Insurance, to a Supervisor, Manager or anyone else, is a waste of time."
If you want to at least piss off your insurance carrier, complain the the DOI. They will then forward complaint to your insurance company and they have to respond w/ in 20 days I think? I hated responding to DOI complaints:mad:
Responding to DOI compliants is one of my least favorite things about the claims business. Not to nit pick, but it's 21 days. In the case, that is the subject of this thread, the guy's carrier did all that they could, on his behalf. Sometimes with no witnesses or conflicting witness statements the issue becomes one word against the other.
John M

[Tyson Ross]

I agree. Insureds aren;t always happy with decisions made but there are usually 3 sides to the story, theirs, other party's and the unknown truth............21 days, I was close considering it has been over 5 years since I worked claims. :)

[ULTRA26 # 1]

I agree. Insureds aren;t always happy with decisions made but there are usually 3 sides to the story, theirs, other party's and the unknown truth............21 days, I was close considering it has been over 5 years since I worked claims. :)
Nice talking with you.
Who did you work for when you were adjusting?
John M

[Tyson Ross]

I worked for Inspire Insurance Solutions and Anchor General, both adjusting companies for non-standard, high risk drivers. Needless to say, our insured's were at fault probably 80% of the time. Both companies were in San Diego.

[ULTRA26 # 1]

I worked for Inspire Insurance Solutions and Anchor General, both adjusting companies for non-standard, high risk drivers. Needless to say, our insured's were at fault probably 80% of the time. Both companies were in San Diego.
ShoKot, Abe and Joe Kaiser We also write for Topa, in fact we are their largest producer. Seems like Sandy Booth was involved with Inspire. I work for Robert Moreno Insurance Services, and I'm Robert's brother, John
Small world
John M

[Tyson Ross]

Small world is right. Shokaut was cool guy. I was going to leave and go back to Inspire to do commercial and he talked me into staying. $ didn't hurt either. I know Abe since bought his own building and moved the office. I disliked the job most of the time but worked with some great people.
I remember Robert Moreno Ins.

[ULTRA26 # 1]

Small world is right. Shokaut was cool guy. I was going to leave and go back to Inspire to do commercial and he talked me into staying. $ didn't hurt either. I know Abe since bought his own building and moved the office. I disliked the job most of the time but worked with some great people.
I remember Robert Moreno Ins.
I didn't think I was spelling Shokaut's name right..
John M