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My brother was hit from behind. My AAA insurance is fighting me. Please Help?
Having a slight legal/accident issue. My brother was driving my car. (He is listed as driver in my insurance and I am located in California.) On his way back to work after his lunch he pulled into his works driveway but needed to stop prior to driving in because of a pedestrian. This particular street he was in was one lane going that direction with a double yellow to the left and basically sidewalk to the right with no gap. The vehicle vehicle behind him did not want to wait for him so they crossed the double yellow line to pass him but did not realize my brother was going to stop for a pedestrian. Long story short the other driver hit my brother on the left rear corner of the car. We thought it was a done deal since the other person hit us from behind. The other insurance company said that it will most likely be their insured fault. My insurance company is blaming my brother because the are staying he rolled back. He was driving an automatic car. I do not see how they can think that, and my insurance company none the less. You would think AAA insurance would have your back. How can I fight this? I have been stressing out the past couple days and dealing with a grandfather that pasted away last week. Please help. Thank you!
When my brother was talking to the adjuster in conversation he said he may have rolled back after the accident. But some how the adjuster is saying he said he rolled back before. I do not see a reason why they need to fight us on this. He knows what he said and somehow they are trying to change his statement. I have tested the vehicle on various different driveways with varying degrees of incline and this car does not roll back. Would this evidence help?
7 Answers
- ?Lv 77 years ago
Your problem is bigger than just your brother's half-made statement, I guarantee it. I've seen situations like yours many times before (insurance broker for 15 years), and upon looking into them I've always found the same thing. It's all about what the other driver is saying.
The other driver isn't saying he rear-ended your vehicle, the other driver is saying your vehicle backed into his. That's the only logical explanation for any of this stuff.
In California, just like the rest of the civilized world, a rear-end collision is always the fault of the vehicle that did the rear-ending. If the other guy had admitted that he rear-ended your car, AAA wouldn't care one bit about your brother saying maybe he rolled back after the accident. Because you're right, cars with automatic transmissions do not roll back while in a forward gear. Not even on an incline, not even after they're hit from behind.
The other guy, however, isn't saying your car rolled back after the collision. He's insisting that your car backed into him, period. That's why AAA is fighting you. Because fighting you based on your brother's maybe-statement would be completely stupid, and insurance companies aren't that stupid. The stupid insurance companies all went bankrupt really quickly.
That doesn't provide a quick fix to your problem, in fact it tells you that the problem is much bigger than you originally thought, but at least now you know what's happening. Call the other guy's insurer and ask them, they'll tell you.
- Anonymous5 years ago
I suggest one to visit this website where you can compare rates from different companies: http://insurequote.info/index.html?src=2YAyb1iSyc3
RE :My brother was hit from behind. My AAA insurance is fighting me. Please Help?
Having a slight legal/accident issue. My brother was driving my car. (He is listed as driver in my insurance and I am located in California.) On his way back to work after his lunch he pulled into his works driveway but needed to stop prior to driving in because of a pedestrian. This particular street he was in was one lane going that direction with a double yellow to the left and basically sidewalk to the right with no gap. The vehicle vehicle behind him did not want to wait for him so they crossed the double yellow line to pass him but did not realize my brother was going to stop for a pedestrian. Long story short the other driver hit my brother on the left rear corner of the car. We thought it was a done deal since the other person hit us from behind. The other insurance company said that it will most likely be their insured fault. My insurance company is blaming my brother because the are staying he rolled back. He was driving an automatic car. I do not see how they can think that, and my insurance company none the less. You would think AAA insurance would have your back. How can I fight this? I have been stressing out the past couple days and dealing with a grandfather that pasted away last week. Please help. Thank you!
Update: When my brother was talking to the adjuster in conversation he said he may have rolled back after the accident. But some how the adjuster is saying he said he rolled back before. I do not see a reason why they need to fight us on this. He knows what he said and somehow they are trying to change his statement. I have tested the vehicle on various different driveways with varying degrees of incline and this car does not roll back. Would this evidence help?
Follow 5 answers
- 7 years ago
But won't the insurance company raise the rate of my brother because he was at fault in an accident?
- 7 years ago
If the other carrier says their driver is at fault then just have them handle repairs. Tell your carrier that you are going through the other carrier. Your carrier is wrong to put you at fault in this case. It is illegal to pass over a double yellow line and it is the responsibility of the other driver to maintain a safe following distance between their car and vehicles in front of them. If you end up having to go through your own carrier and they continue to insist that you are at fault then escalate it to a manager. If this does not work then let them know that you are going to file a complaint with the State Department of Insurance. Your carrier is required to provide you with the DOI's contact info. Hopefully it doesn't go that far though. If the other carrier accepts fault then they can handle your repairs. Good luck.
Source(s): Insurance adjuster in California - How do you think about the answers? You can sign in to vote the answer.
- BeilulLv 64 years ago
I recommend you to visit this web page where you can compare quotes from different companies: http://coveragefinder.net/index.html?src=5YAcVAsgY...
RE :My brother was hit from behind. My AAA insurance is fighting me. Please Help?
Having a slight legal/accident issue. My brother was driving my car. (He is listed as driver in my insurance and I am located in California.) On his way back to work after his lunch he pulled into his works driveway but needed to stop prior to driving in because of a pedestrian. This particular street he was in was one lane going that direction with a double yellow to the left and basically sidewalk to the right with no gap. The vehicle vehicle behind him did not want to wait for him so they crossed the double yellow line to pass him but did not realize my brother was going to stop for a pedestrian. Long story short the other driver hit my brother on the left rear corner of the car. We thought it was a done deal since the other person hit us from behind. The other insurance company said that it will most likely be their insured fault. My insurance company is blaming my brother because the are staying he rolled back. He was driving an automatic car. I do not see how they can think that, and my insurance company none the less. You would think AAA insurance would have your back. How can I fight this? I have been stressing out the past couple days and dealing with a grandfather that pasted away last week. Please help. Thank you!
Update: When my brother was talking to the adjuster in conversation he said he may have rolled back after the accident. But some how the adjuster is saying he said he rolled back before. I do not see a reason why they need to fight us on this. He knows what he said and somehow they are trying to change his statement. I have tested the vehicle on various different driveways with varying degrees of incline and this car does not roll back. Would this evidence help?
Follow 6 answers
Source(s): I recommend you to visit this web page where you can compare quotes from different companies: http://coveragefinder.net/index.html?src=5YAcVAsgY... - Anonymous7 years ago
You write: " The other insurance company said that it will most likely be their insured fault."
If that turns out that they accept liability then use them. Why worry about what your company says, if you aren't going to use your company?