Sounds like both of them crossed the yellow.
Sounds like both of them crossed the yellow.
In reply to Klayfish:
Does a Police report have any bearing on your decisions? Or do you arbitrarily screw with people because its fun?
TRoglodyte wrote: Or do you arbitrarily screw with people because its fun?
At work...no. In my personal life, hell yeah. 
Police reports are typically a piece of the "puzzle" but not a deciding factor. Unless the officer actually witnessed the loss, the report is usually each drivers side of the story. So we use that to help gather info. If there is a witness, that's gold. Sometimes reports are great, some are horrible...as in "Car one hit car two".
I was t-boned whiel making aleft turn by a guy making an improper pass. Went to court and the judge (who hated teenagers of which I was one) said I'm going to let the insurance companies fight this one out. The other guy had been ticketed, but the judge said something about having already torn up the ticket. I knew I was going toget screwed. I suspect the reason was the other guy was a corrections officer who was already on SR22 insurance.
bgkast wrote: The main damage to both vehicles was to the rear corners. The front of the other car was not even hit, so it wasn't a mild T-bone like I originally thought.
Please explain how the rear corner of the overtaking vehicle came into contact with the rear of your wife's vehicle. This would seem impossible, given the original description of the accident.
Sorry that does not explain contact to the rear end of both cars...
In reply to maj75:
Sure it does.
(For example)...
Car pushing it doing 70 mph in a 45 zone carving hills and corners. Comes over a hill and nearly rear-ends a car doing 25 mph. Cuts into the left last to pass quickly, then realizes the slow car is making a left. He jams the brakes, swerves left (the only way to go). Ass end steps out, tagging right rear corner to the slow car's left rear corner first, then paralleling the car and finishing off the rest of the left hand panels of the slow car.
Happens all the time on roads like...(wait for it)...(wait for it)... The Dragon. 
Sorry! Couldn't resist! 
Carry on !
In reply to SVreX:
That's exactly how I picture it happening. She was going slower than him and he cut left to go around her, then saw she was turning and locked the brakes causing the rear end to step out. There was no hill crest or corners at play though. She was 1200 feet from the last corner on a straight section.
Oddly we seem to be getting more fault push back from our own insurance than the other guy's.
Exploder is totaled. $250 buyback. Anybody need a 5.0 V8?
What was other vehicle?
Full size blazer.
Looks like our insurance has deemed her 25% at fault, the other insurance is still investigating.
You may be able to fight your insurance to drop the 25% at fault. I don't know what the repercussions are for you- paying the deductible and a higher rate? It may be worth it to keep pleading your case to your insurance, they may drop the 25%. It it because she may have not signaled? Did the driver who who hit her signal when he went to make the pass?
I have a call in to our adjuster to see what the ramification of this 25% at fault finding is, and if we can appeal it. My wife says it is like talking to a wall with her though. Not impressed with USAA...
At least they have made a reasonable offer for the Explorer.
I have USAA also. I was successful with an appeal in the past. They originally found me at fault when I collided with an 18 Wheeler that took a left turn in front of me on a two lane road. I argued, citing vehicle code and providing evidence. They reversed their decision. I had a poorly written police report against me that would have had Issac Newton spinning in his grave. I've had good results overall with USAA, but I've had to fight with them on occasion. If you don't like the answer they are giving you, request that the decision be reviewed by their supervisor.
bgkast wrote: I have a call in to our adjuster to see what the ramification of this 25% at fault finding is, and if we can appeal it. My wife says it is like talking to a wall with her though. Not impressed with USAA...
that's interesting. I've had a few claims with USAA and they've always been resolutely on my side (as they should have been) and paid out fully and quickly. Hell, they even paid out on a theft of a CD book (with 200 CDs in it) from my car, strictly on my say-so that it was there. $15/per = $3000 for CDs full replacement payout. Back when we all had CDs, lol.
This is my second issue with them, the first being when I idled into the back of a soccer mom's minivan at 1 mph, and they paid out nearly $1000 in damages, even though there was no damage.
bgkast, First thing to keep in mind is the insurance company is NOT the same as a defense lawyer. If they feel your wife has liability for the loss, which means potential exposure, they are not going to turn a blind eye and deny all liability. Keep in mind, when someone sues, it's not the insurance company they're suing, it's the policy holder. In other words, you. So if the insurance company feels there is exposure to you and it's in the best interest to offer settlement, they will.
The negligence law in Washington state (I think that's where you are) is called "pure comparative". It means exactly how it sounds. If you are 25% at fault, then the other party can collect 25% of their damages from you. You'll have to check with your agent on how it may effect your rates, the claims department will not know that.
Hope that info helps.
Don't forget that in some states you are not allowed to cross a double yellow line to enter a driveway, parking lot, etc. Friend of mine got busted for that in N.H. The fact that she was belligerent and refused a breath test led to her short stay in jail and loss of license for 180 days. In her defense, she's always belligerent whether she has been drinking or not.
bgkast wrote: This is my second issue with them, the first being when I idled into the back of a soccer mom's minivan at 1 mph, and they paid out nearly $1000 in damages, even though there was no damage.
A coworker's wife did the same thing except into the rear of another car. The lady she hit got $7,000 for a "neck injury". This all came about after she said she was fine at the time of the incident.
I'm now at the "vehicle value" stage of the claim. They sent me my value and a list of "comparable" vehicles, most of which were V-6 models. My car was the V8 and totally loaded...all of the option "check boxes" in the value sheet except for 2 are checked. Of the V8 models mine has more options and less miles than those listed, and is valued a few hundred dollars less than each. I pointed this out to them, and they said that was good, those vehicles were bringing up the average value. HUH??
They told me that the only thing that can bring up my value is receipts for recent work...the vehicle value itself is not negotiable because the valuation method is "approved by the Department of insurance". That seems counter to what others have told me. Any advice on how to proceed.?
What the heck is the Department of insurance?
In reply to SVreX:
I'm guessing this: http://www.insurance.wa.gov/
Dunno about Washington, but in GA they certainly could not use V6's as comps for a V8.
In reply to DILYSI Dave:
Well according to them they "adjust" the values to make them equivalent. Based on the paper it looks like they add about $150 to "adjust" them to be equivalent to a V8.
They are just being lazy. They are supposed to use those adjustments if they can't find enough comparable vehicles. They shouldn't have any trouble finding like vehicles to yours. I went through the same B.S., I just kept on them until they let me throw out their non comparable choices and sub ones that I found. I've been able to get a lot more then originally offered. Just keep pushing them, and take it beyond the person that you are currently working with if they won't play ball. I still crack up the dollar amounts that they figure for their adjustments. I had them actually try to use a beat up rusty car as a comparable vehicle, and then add a $200 adjustment for "body damage."
bgkast wrote: In reply to SVreX: That's exactly how I picture it happening. She was going slower than him and he cut left to go around her, then saw she was turning and locked the brakes causing the rear end to step out. There was no hill crest or corners at play though. She was 1200 feet from the last corner on a straight section. Oddly we seem to be getting more fault push back from our own insurance than the other guy's. Exploder is totaled. $250 buyback. Anybody need a 5.0 V8?
For 250 I'd buy it back just to raise some hell with it.
Btw my 89 suburban was recently totaled and the comps were crap. I researched my own comps and provided them, but had to argue my case hard to get them to finally give me a decent value. I was researching 3rd party appraisers towards the end but it didn't come to that.
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